DB.  AVBRTT  J.  SKILTOW.  j 


HISTORY 

OF 

HEW-YORK. 


HISTORY 

OF 

NEW-YORK, 

^ROM  THE  FIRST  DISCOVERY  TO  THE  YEAR  M.DCC.XXXII,, 

i^O    WHICH    IS   ANNEXED,    A    DESCRIPTION   OF   THE    COUNTRY,    "WITH    A  SHOttT 
ACCOUNT  OF  THE  INHABITANTS,  THEIR  RELIGIOUS  AND  POLTTICAfc 
STATE,    AND  THE  CONSTITUTION  OF    THE  COURTS  05 
JUSTICE  IN  THAT  COLONY. 

XiO  I  swarming  o'er  the  new  discoverM  world, 

Gay  colonies  extend  ;  the  calm  retreat 

Of  undeservM  distress....,..*   Thomson, 

-Vec  minor  est  virtuSj  qmm  qurErere^  parta  tu&i'i. 


BY  WILLIAM  SMITH,  A.  M. 
WITH  A  CONTINUATION^ 

i'spbm  ihe  Y^ar  1T3S,  to  the  Commencement  of  the  Year  1814. 


ALBANY: 

PRINTED  Bt  RYKR  SCHERMERHORIf. 
Sold  by  himself  and  G.  Forbes,  Albany  ;  H.  Stockwell,  Troy;  A.  Seivard,  Utica^ 
and  Andf  us  &  Starr,  Hartfocct 

1814. 


District  of  Neiv-York,  ss. 

BE  it  remembered,  that  on  the  thirtieth  day  of  July,  in  the  thirty-ninth  year  of  the 
Independence  of  the  United  States  of  America,  Ryer  Schermerhorn,  of  the  said  district, 
has  deposited  in  this  office  the  title  of  a  Book,  the  right  whereof  he  claims  as  proprietor, 
in  the  words  and  figures  following,  to  wit : 

"  History  of  New- York,  from  tlie  first  discovery  to  the  year  m.dcc.xxxii.  To  which  is 
annexed,  a  description  of  the  country,  with  a  short  account  of  the  inhabitants,  their  reli- 
gious and  political  state,  and  the  constitution  of  the  courts  of  justice  in  that  colony. 

"  Lo  !  swarming  o'er  the  new  discover'd  world, 
*'  Gay  colonies  extend  ;  the  calm  retreat 

Of  undeserv'd  distress   Thomson. 

"  Nec  minor  est  virtus^  quam  qumrere,  parta  tueri. 

"  By  William  Smith,  A.  M-    With  a  continuation,  from  the  year  1732,  to  the  commence- 
ment of  the  year  1814." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled  "  An  act  for  the 
t^ncouragement  of  learning,  by  securing  the  copies  of  maps,  charts  and  books  to  the  authors 
and  proprietors  of  such  copies,  during  the  time  therein  mentioned."  And  also  to  an  act, 
entitled  "  an  act  supplementary  to  an  act,  entitled  an  act  for  the  encouragement  of  learn- 
ing, by  securing  the  copies  of  maps,  charts,  and  books  to  the  authors  and  proprietors  of 
such  copies,  during  the  times  therein  mentioned,  and  extending  the  benefits  thereof  to 
the  arts  of  designing,  engraving  and  etching  historical  and  other  prints." 

THERON  RUDD,  Clerk  of  the  District  of  New-York. 


AD  VER  TISEMENT. 


xN  point  of  wealth,  resources  and  importance,  the 
state  of  New- York  is  second  to  none  in  the  Uniono 
She  has  been  the  theatre  of  interesting  transactions 
since  her  first  colonization.  The  ambitious  views  of  the 
aspiring  court  of  France,  while  it  controuled  the  Cana- 
das,  were  frequently  directed  to  her  subjugation  :  and 
in  repelling  the  incursions  of  the  French  and  Indians, 
much  of  her  blood  has  been  drawn,  and  much  of  her 
treasure  dissipated.  The  history  of  the  foimders  of 
this  state  is  crouded  with  striking  incidents.  With  a 
bravery  and  vigour  of  soul,  which,  were  they  recorded 
in  Grecian  or  Roman  history,  would  have  exalted  their 
names,  they  defended  their  territory  against  invasion, 
and  their  civil  and  religious  rights  from  the  encroach- 
ments of  arbitrary  power.  In  truth,  they  possessed 
an  unusual  portion  of  that  proud  spirit  of  freedom, 
which  looks  indignantly  upon  chains,  and  spurns 
coercion.  In  reviewing  the  conduct  of  our  ancestors, 
we  find  much  to  swell  our  bosoms  with  honourable 
pride. 

Little  attention,  however,  has,  hitherto,  been  directed 
to  the  history  of  this  state.  While  New-Hampshire,  Mas- 
sachusetts, Connecticut,  Vermont,  and  some  other  states, 
possess  accurate  and  valuable  historical  memoirs,  of 
recent  date.  New- York  lias  been,  for  the  last  seventy 
yenvB,  entirely   neglected.    The  history  by  .Judge 


vi. 

Smith,  is  a  work  of  established  reputation,  but  it  closes 
"when  the  more  interesting  events  of  our  history  begin 
to  develope.  To  supply  this  deficiency,  as  far  as  pro- 
gress has  been  made,  is  the  object  of  the  continuation 
to  the  present  work.  How  far,  and  how  successfully 
this  has  been  accomplished,  is  left  to  the  decision  of 
the  candid  and  impartial  reader. 

The  historical  facts  have  been  collected  from  official 
documents,  so  far  as  these  were  accessible  ;  and  where 
these  were  deficient  recourse  has  been  had  to  such 
other  sources  as  were  entitled  to  credit. 

In  copying  Smith's  history,  few  deviations  from  his 
mode  of  spelling  the  names  of  places,  particularly  such 
as  are  derived  from  the  aboriginal  tongues,  have  been 
made.  It  is  believed  that  he  adopted  the  mode  of  spell- 
ing which  conveyed  most  clearly  the  sound  of  Indian 
wotds. 


TO  THE  RIGHT  HONOURABLE 

EARL  OF  HALIFAX,  VISCOUOT  SUNBURT^ 
First  Lord  Commissioner  of  Trade  and  Plantations,  &€.  &c. 
MY  LORD, 

I  BEG  your  favourable  acceptance  of  this  short  account  of  the 
ancient  and  present  state  of  the  province  of  New- York, 

It  is  not  presented  for  your  lordship's  information.  All  the  world 
knows  that  the  affairs  of  the  British  colonies  have  been,  for  sevei'al 
years  past,  under  your  principal  direction  :  and  the  wisdom  of  the  mea- 
sures pursued  for  their  prosperity  and  defence,  are  indisputable  argu- 
ments of  your  acquaintance  with  their  condition. 

Nor  am  I  induced  to  inscribe  these  pages  to  your  lordship  by  inte- 
rest, the  common  motive  to  addresses  of  this  kind.  Being,  therefore, 
uninfluenced  by  the  principle,  I  shall  not  follow  the  example,  of  dedi- 
cators ;  but  suppress  those  sentiments  concerning  your  lordship,  which 
would,  nevertheless,  give  offence  only  to  j^ourself,  and  to  those  who 
envy  your  talents  and  your  virtues,  and  are  enemies  to  their  effects, 
your  reputation,  and  your  power. 

My  lord,  your  ardent  attention  to  the  American  plantations,  and  as- 
siduous labours  for  their  protection  and  growth,  have  laid  us  under  the 
most  indispensable  obligations  to  gratitude. 

Your  lordship  will,  therefore,  excuse  me  for  embracing  this  opportu- 
nity to  make  a  publick  declaration  of  the  deep  sense  I  have  of  your 
kind  offices  to  my  country,  and  to  do  myself  the  honour  of  testifying, 
that 

T  am,  my  lord,  your  lordship's 

Most  obedient  and  most  humble  servant, 

wii^MAM  smith: 

New-York,  June  15,  1 


PREFACE, 


^^HOEVER  considers  the  number  and  extent  of 
the  British  colonies,  on  this  continent ;  their  climates, 
soil,  ports,  rivers,  riches,  and  numberless  advantages, 
must  be  convinced  of  their  vast  importance  to  Great 
Britain ;  and  be  at  a  loss  to  account  for  the  ignorance 
concerning  them,  which  prevails  in  those  kingdoms, 
whence  their  inhabitants  originally  sprang.    The  mer- 
chants, indeed,  by  profitable  experience,  have  not  been 
altogether  unacquainted  with  our  trade  and  our  growth 
— and  some  gentlemen  of  an  inquisitive  turn,  by  the 
help  of  their  correspondents,  have  obtained  the  know- 
ledge of  many  other  particulars  equally  important. 
But  the  main  body  of  the  people  conceive  of  these 
plantations,  under  the  idea  of  wild,  boundless,  inhos- 
pitable, uncultivated  deserts;  and  hence  the  punish- 
ment of  a  transportation  hither,  in  the  judgment  of 
most,  is  thought  not  much  less  severe,  than  an  infa- 
mous death.    -Nay,  appealing  to  facts,  we  may  safely 
assert,  that  even  the  publick  boards,  to  whose  care 
these  extensive  dominions  have  been  more  especially 
committed,  attained  but  lately,  any  tolerable  acquaint- 
ance  with  their  condition.    This  is  the  more  to  be 
"wondered  at,  as  it  is  natural  to  imagine,  that  the  king's 
governours  have  statedly  transmitted  full  accounts  of 

2 


X 


Preface, 


their  respective  provinces.  Tiie  case  has  been  quite 
otherwise.  Governments  were  heretofore  too  often 
bestowed  upon  men  of  mean  parts,  and  indigent  cir- 
cumstances. The  former  w^ere  incapable  of  the  task, 
and  the  latter  too  deeply  engrossed  by  the  sordid 
views  of  private  interest,  either  to  pursue  or  study  our 
commonweal.  The  w^orst  consequences  have  result- 
ed from  these  measures.  Perpetual  animosities  being 
engendered  between  the  governours,  and  the  people 
subjected  to  their  authority ;  all  attempts  for  conciliat- 
ifig  the  friendship  of  the  Indians,  promoting  the  fur 
trade,  securing  the  command  of  the  lakes,  protecting 
the  frontiers,  and  extending  our  possessions  far  into 
the  inland  country,  have  too  often  given  place  to  par- 
ty  projects  and  contracted  schemes,  equally  useless 
and  shameful.  The  conduct  of  the  French  has  been 
jiist  the  reverse  :  in  spite  of  all  the  disadvantages  of  a 
cold  climate,  a  long  and  dangerous  navigation  up 
the  river  of  St.  Lawrence,  a  rough,  barren,  unsettled^^ 
country,  locked  up  from  all  communication  with  the 
ocean,  the  greatest  part  of  the  year ;  I  say,  notwith- 
standing these  difficulties,  they  have  seized  all  m  ^  ad- 
vantages which  we  have  neglected.  The  continent, 
for  many  hundred  leagues,  has  been  thoroughly  ex- 
plored, the  main  passes  fortified,  innumerable  tribes 
of  Indians,  either  won  ovei'  to  their  interest,!  subdued 
or  bridled,  the  fur  trade  engrossed,  a  communication 
maintained  between  the  extremes  of  New-France,  the 
British  colonies  restricted  to  scant  limits  along  the  sea 

*  "  Encore  moins  peupl(6."  Charlevoix, 

t  "  Notre  nation,  la  seule,  qui  ait  eu  le  secret  de  gagner  raffectioB 
des  Ameriquains."  Charlevoix. 


Prefajce. 


sliore,  and  nothing  left  remaining  for  the  establishment 
of  a  vast  empire,  but  to  open  a  free  water  passage  to 
the  ocean,  by  the  conquest  of  the  province  of  New- 
York. 

If  the  governours  of  these  plantations  had  formerly 
been  aniuiated  by  the  same  generous  and  extensive 
views,  which  inspired  Mr.  Burnet ;  the  long  proje*  ted 
designs  of  our  common  enemy  might,  with  the  aid  of 
Great  Britain,  have  been  many  years  ago  supplanted, 
or  at  least  defeated,  at  a  trifling  expense.  But,  alas ! 
little,  too  little,  attention  has  been  had  to  these  impor- 
tant affairs,  till  the  late  encroachments  on  the  river 
Ohio,  in  the  province  of  Pennsylvania,  ^ave  the  alarfn^ 
and  the  ministry  were  apprised  of  the  French  machi- 
nations, by  the  seasonable  representations  of  General 
Shirley  ;  and  if  the  colonies  have  now  attracted  the 
notice  of  his  majesty  and  his  parliament,  their  grateful 
acknowledgements  are  due  principally  to  the  noble 
lord,  to  whom  these  sheets  are  dedicated,  for  his  laud- 
able enquiries  into  their  state,  and  his  indefatigable 
zeal  and  industry  for  their  defence  and  prosperity. 

At  present  our  affairs  begin  to  wear  a  more  smiling 
aspect.  We  are  und^T  the  guardianship  of  a  sovereign 
who  delights  in  the  v/elfare  of  his  people  ;  are  respect- 
ed by  a  parliament,  affected  with  a  generous  sympa- 
thy for  the  distresses  of  their  fellow  subjects,  in  all 
their  dispersions ;  and  by  a  wise  improvement  of  the 
British  aids,  it  is  hoped,  we  shall  be  able  to  retrieve 
the  ill  consequences  of  our  long,  reproachful,  and  in- 
sensible security. 

Formerly  the  colonies  were,  at  home,  disregarded 
and  despised,  nor  can  any  other  reason  be  assigned  for 
it,  than  that  they  were  unknown.    This  is,  in  a  great 


xii  Preface. 

degree,  to  be  imputed  to  ourselves.  If  our  governours 
withheld  those  informations,  which  their  duty  required 
them  to  have  given,  persons  of  private  character  ought 
to  have  undertaken  that  useful  and  necessary  task. 
But,  except  some  accounts  of  the  settlements  in  the 
Massachusetts'  Bay  and  Virginia,  all  the  other  histo- 
ries of  our  plantations  upon  the  continent  are  little 
else  than  collections  of  falsehoods,  and  worse  than 
none.  That  this  charge  against  those  published  con- 
cerning this  province,  in  particular,  can  be  fully  sup- 
ported, I  persuade  myself,  will  incontestably  appear 
from  the  following  summary,  concerning  which  I  shall 
say  a  few  words. 

Having  been  formerly  concerned,  according  to  an 
appointment  by  act  of  assembly,  in  a  review  and  di- 
gest of  our  provincial  laws,  it  was  the  duty  of  myself, 
and  my  partner  in  that  service,  to  peruse  the  minutes 
of  the  council,  and  the  journals  of  the  general  assem- 
bly, from  the  glorious  revolution,  at  the  accession  of 
king  William,  to  the  year  1751  :  and  as  an  acquaint- 
ance with  our  publick  transactions,  was  a  branch  of 
instruction,  of  which  a  student  for  the  profession  of 
the  law  ought  not  to  be  ignorant,  I  have  since  re- 
examined those  entries,  beginning  with  the  first  min- 
utes of  council,  and  read  over  many  of  the  records 
in  the  secretary's  office.    From  these  authentick  ma- 
terials, the  following  pages  were,  in  a  great  measure, 
compiled.    For  many  of  those  parts,  which  concern 
our  affairs  with  the  French  and  the  Indians,  antece- 
dent to  the  peace  of  Ryswick,  in  1697,  I  am  bound  to 
make  liberal  acknowledgments  to  Dr.  Golden,  the  au- 
thor of  the  history  of  the  Five  Nations. 


Preface. 


xiii 


Mr,  Alexander,  a  gentleman  eminent  in  the  law, 
and  equally  distinguished  for  his  humanity,  generosi- 
ty, great  abilities,  and  honourable  stations,  supplied 
me  with  some  useful  papers ;  and  has  left  behind 
him  a  collection,  that  will  be  very  serviceable  to  any 
gentleman  who  may  hereafter  incline  to  continue  this 
narrative,  through  the  administrations  of  Mr.  Cosby, 
and  lieutenant  governour  Clarke.  The  draught  of 
this  work  was  unfinished,  at  the  time  of  Mr.  Alexan- 
der's decease  and  therefore,  as  it  never  passed  un- 
der his  examination,  many  important  additions  are 
lost,  which  his  long  and  intimate  acquaintance  with 
the  affairs  of  this  province  would  have  enabled  him  to 
supply. 

When  I  began  to  frame  this  digest,  it  was  only  in- 
tended for  private  use ;  and  the  motives,  which  now 
induce  me  to  publish  it,  are  the  gratification  of  the 
present  thirst  in  Great  Britain  after  American  intelli- 
gences:  contributing,  as  far  as  this  province  is  con- 
cerned, to  an  accurate  history  of  the  British  empiref 
in  this  quarter  of  the  world ;  and  the  prospect  of  do- 
ing some  small  service  to  my  country,  by  laying  be- 
fore the  publick  a  summary  account  of  its  first  rise  and 
present  state. 

Influenced  by  these  views,  I  am  not  so  regardless 
of  the  judgment  of  others,  as  not  to  wish  it  may  be,  in 

*  He  died  on  the  2d  of  April,  1756. 

f  As  the  proviuces  are  different  in  their  constitutions,  and  with 
respect  to  government,  independent  of  each  other  ;  no  general  history 
of  America  can  be  expected,  till  gentlemen  of  leisure  will  draw  up 
particular  accounts  ©f  the  respective  colonies  with  which  they  are 
acquainted. 


Preface. 


some  measure,  acceptable.    To  please  all  sorts  of  read- 
ers I  know  is  impossible  :  he  who  writes  with  such 
hopes,  is  a  stranger  to  human  nature,  and  will  be  in- 
fallibly disappointed.    My  design  is  rather  to  inform 
than  please.    He  who  delights  only  in  pages  j^hining 
with  illustrious  characters,  the  contentions  of  armies^ 
the  rise  and  fall  of  empires,  and  other  grand  events, 
must  have  recourse  to  the  great  authors  of  antiquity, 
A  detail  of  the  little  transactions,  w^hich  concern  a  co- 
lony, scant  in  its  jurisdiction,  and  still  struggling  with 
the  difficulties  naturally  attending  its  iiifant  state,  to 
gentlemen  of  this  taste,  can  furnish  no  entertainment. 
The  ensuing  narrative,  (for  it  deserves  not  the  naine  of 
a  history,  though  for  brevity's  sake  I  have  given  it 
that  title)  presents  us  only  a  regular  thread  of  simple 
facts  ;  and  even  those  unembellished  with  reflections, 
because  they  themselves  suggest  the  proper  remarks, 
and  most  readers  will  doubtless  be  best  pleased  with 
their  own.    The  sacred  laws  of  truth  have  been  in- 
fringed neither  by  positive  assertions,  oblique,  insidious, 
hints,  wilful   suppressions,  or  corrupt  misrepresenta- 
tion.   To  avoid  any  censures  of  this  kind,  no  reins  have 
been  given  to  a  wanton  imagination,  for  the  invention 
of  plausible  tales,  supported  only  by  light  probabili- 
ties ;  but  choosing  rather  to  be  honest  and  dull,  than 
agreeable  and  false,  the  true  import  of  my  vouchers 
hath  been  strictly  adhered  to  and  regarded. 

With  respect  to  its  style,  the  criticks,  in  that  branch 
of  literature,  are  at  full  liberty  to  condemn  at  their 
pleasure.  The  main  use  of  language  is  to  express  our 
ideas.  To  write  in  the  gay,  pleasing  pomp  of  diction, 
is  above  my  capacity.  If  any  are  disposed  to  blame 
me  for  being  too  verbose,  let  it  be  remembered  that 


Preface. 


XT 


this  is  the  indefeasible  right  of  my  profession,  founded 
upon  immemorial  prescription.  Perspicuity  is  all  I  have 
endeavoured  to  maintain,  nor  am  I  at  leisure  to  study 
any  higher  attainments  in  language. 


HISTORY  OF  HEW-iTOKK:. 

PART  I. 

From  the  Discovery  of  the  Colony  to  the  Surrender 

in  1664, 


Christopher  COLUMBUS,  a  Genoese^  em^ 
ployed  by  Ferdinand  and  Isabel,  king  and  queen  of 
Castile,  was  the  first  discoverer  of  America.^  He 
sailed  from  St.  Lucar  in  August,  1492,  and  made 
sight  of  one  of  the  Bahama  islands  on  the  eleventh  of 
October  following.  Newfoundland  and  the  main  con- 
tinent, were  discovered  five  years  after,  by  Sebastian 
Gabato,  a  Venetian,  in  the  service  of  Henry  VII.  ot 
England,  from  the  38th  to  the  68th  degree  of  north 
latitude* 

On  the  tenth  of  April,  1606,  king  James  I.  for  plant- 
ing two  colonies,  passed  the  great  north  and  south 
Virginia  patent.  To  Sir  Thomas  Gates  and  others, 
leave  was  given  to  begin  a  plantation,  at  any  place  on 
the  continent,  they  should  think  convenient,  between 

*  Some  authors  alledge,  that  Coltimbus  first  olTered  his  services  to 
the  republick  of  Genoa  ;  then  to  John  II,  of  Portugal,  and  afterwards 
to  our  king  Henry  YII  \  but  this  disagrees  with  Lord  Bacon's  ac- 
count, who  informs  us,  that  Christopher  Cokimbus  sailed,  before  hia 
brother  Bartholomew  had  laid  the  project  before  the  king,  which  waf 
owing  to  his  falling  into  the  hands  of  pirates  c^d  his  way  to  Euglando 

-3. 


18 


History  of  New- York. 


the  34th  and  4 1st  degrees  of  latitude  :  and  all  the  landi^ 
extending  fifty  miles,  on  each  side,  along  the  coast,  one 
hundred  miles  into  the  country,  and  all  the  islands 
within  one  hundred  miles  opposite  their  plantations, 
were  granted  in  fee,  to  be  called  the  first  colony.  By 
the  same  patent,  a  like  quantity  was  granted  to  Tho- 
mas Henham,  Esq.  and  others,  for  a  plantation  between 
38  and  45  degrees  of  latitude,  under  the  name  of  the 
second  colony.  The  first  began  a  settlement  in  the 
great  bay,  (Chesapeake)  in  1607.  The  latter  was  plant- 
ed at  Plymouth,  in  INew-England,  1620. 

Henry  Hudson,  an  Englishman,  according  to  our  au- 
thors, in  the  year  1608,^  under  a  commission  from  the 
king  his  master,  discovered  Long  Island,  New- York, 
and  the  river  which  still  bears  his  name ;  and  afterwards 
sold  the  country,  or  rather  his  right,  to  the  Dutch* 
Their  writers  contend,  that  Hudson  was  sent  out  by  the 
East-India  company  in  1609,  to  discover  a  north  west 
passage  to  China  ;  and  that  having  first  discovered  Del- 
aware bay,  he  came  hither  and  penetrated  up  Hudson's 
river,  as  far  north  as  the  latitude  of  43^.  It  is  said, 
however,  that  there  was  a  sale,  and  that  the  English  ob- 
jected to  it,  though  they  for  some  time  neglected  to 
oppose  the  Dutch  settlement  of  the  country. 

In  1610,  Hudson  sailed  again  from  Holland  to  this 
country,  called  by  the  Dutch,  New-Netherland  ;  and 
four  years  after,  the  States  General  granted  a  patent  to 
sundry  merchants,  for  an  exclusive  trade  on  the  North 

Charlevoix,  a  French  Jesuit,  author  of  the  General  History  of 
New- France,  thinks  this  discovery  was  in  1609,  vol.  I.  12nio.  edition, 
p.  221.  But  Stith,  Douglas,  Oldmixon,  and  other  English  writers 
agree  that  Hudson's  first  voyage  was  in  the  preceding  year* 


I 

llislory  of  Nerv-  York. 


19 


Kiver,  who  in  1614  built  a  fort,  on  the  west  side,  near  Al- 
bany, which  was  first  commanded  by  Henry  Christiaens. 
Captain  Argal  w  as  sent  out  by  sir  Thomas  Dale,  go- 
vernour  of  Virginia,  in  the  same  year,  to  dispossess  the 
French  of  the  two  towns  of  Port-Royal  and  St.  Croix, 
lying  on  each  side  of  the  bay  of  Fundy  in  Acadia,  then 
claimed  as**part  of  Virginia^,  In  his  return,  he  visited 
the  Dutch  on  Hudson's  river,  who  being  unable  to  re- 
sist him,  prudently  submitted  for  the  present  to  the  king 
of  England,  and  under  him  to  the  governour  of  Vir- 
ginia. The  very  next  year,  they  erected  a  fort  on  the 
south-west  point  of  the  island  Manhattans,  and  two  oth- 
ers in  1623  :  one  called  Good-Hope,  on  Connecticut 
river,  and  the  other  Nassau,  on  the  east  side  of  Dela- 
ware bay.  The  author  of  the  account  of  New-Nether- 
landf  asserts,  that  the  Dutch  purchased  the  lands  on 
both  sides  of  that  river  in  1632,  before  the  English  were 
settled  in  those  parts  ;  and  that  they  discovered  a  little 
fresh  river,  farther  to  the  east,  called  Varsche  Riviertie, 
to  distinguish  it  from  Connecticut  river,  known  among 
them,  by  the  name  of  Varsche  Rivier,  w^hich  Vandei- 
donk  also  claims  for  the  Dutch^ 

^  Charlevoix  places  this  transaction  in  1613.  Vol.  I.  Hist,  of  New- 
France,  in  12mo,  p.  210.  But  Stith,  whom  I  follow,  being  a  clergy- 
man in  Virginia,  had  greater  advantages  of  knowing  the  truth  than  the 
French  Jesuit. 

t  The  pamphlet  is  entitled,  "  Eeschryvinghe  van  Virginia,  Neiuw 
Nederland,"  &c.  and  was  printed  at  Amsterdam  in  1651.  It  contains 
two  descriptions  of  the  Dutch  possessions.  The  first  is  a  copy  of  that 
published  by  John  De  Laet,  at  Leyden.  The  second  gives  a  view  of 
this  country  several  years  after,  in  1649.  A  short  representation  of 
the  country  of  the  Mahakuase  Indians,  written  In  1644,  by  John  Me- 
gapolensis,  jun.  a  Dutch  minister  residing  Jiere,  is  annexed  to  that  part 
of  the  pamphlet  concerning  New-^ K clhorlaiid. 


20 


History  of  New- York, 


Determined  upon  the  settlement  of  a  colony,  the  States 
General  made  a  grant  of  the  country,  in  1621,  to  the 
West-Ind-a  company.  Wouter  Van  Twiller,  arrived  at 
Fort-Amsterdam,  now  New- York,  and  took  upon  him- 
self the  government  in  June,  1629.  His  style,  in  the  pa- 
tents granted  by  him,  was  thus,  "  We  director  and  coun- 
cil, residing  in  New-Netherland  on  the  islafid  Manhat- 
tans, under  the  government  of  their  high  mightinesses, 
the  lords  States  General  of  the  United  Netherlands,  and 
the  privileged  West-India  company,"  In  his  time  the 
New-England  planters  extended  their  possession  West- 
ward as  far  as  Connecticut  river.  Jacob  Yan  Curlet, 
the  commissary  there,  protested  against  it,  and  in  the 
pecond  year  of  the  succeeding  administration,  under 
William  Kieft,''^  who  appears  first  in  1638,  a  prohibi- 
tion was  issued,  forbidding  the  English  trade  at  fort* 
GroodrHope  ;  and  shortly  after,  on  complaint  of  the  in- 
solence of  the  English,  an  order  of  council  was  made  for 
sending  more  forces  there,  to  maintain  the  Dutch  terri- 
tories. Dr.  Mather  confesses,  that  the  New-England 
men  first  formed  their  design  of  settling  Connecticut  riv- 
er in  1635,  before  which  time,  they  esteemed  that  river, 
at  least  100  miles  from  any  English  settlement ;  and  that 
they  first  seated  themselves  there  in  1636,  at  Hartford, 
near  fort  Good-Hope,  at  Weathersfield,  Windsor,  and 
Springfield.  Four  years  after,  they  seized  the  Dutch 
garrison,  and  drove  them  from  the  banks  of  the  river. 


We  have  no  books  amoog  our  Dutch  records  remaiuing  in  the  secrer 
iary's  office,  relating  to  state  matters,  before  Kieft'stime,  nor  any  enrol- 
ment of  patents,  till  the  year  after  Van  Tuiiier  arrived  here.  Mr.  Ja- 
^gt>  Qpelet  supplied  us  mih  several  e^^tracts  from  the  Dutch  recQrds? 


History  of  NenhYovk. 


21 


having  first  settled  New-Haven  in  1638,  regardless  of 
Kieft's  protest  against  it. 

The  extent  of  New-Netherlandwasto  Delaware,  then 
called  South  River,  and  beyond  it ;  for  I  find,  in  the 
Dutch  records,  a  copy  of  a  letter  from  William  Kieft, 
May  6,  1638,  directed  to  Peter  Minuit^,  who  seems  by 
the  tenour  of  it,  to  be  the  Swedish  governour  of  New- 
Sweden,  asserting,  'Hhatthe  whole  South  River  of  New- 
Netherland,  had  been  in  the  Dutch  possession  many 
years  above  and  belovf,  beset  with  forts,  and  sealed 
with  their  blood."  Which  Kieft  adds,  has  hapj^ened 
even  during  your  administration  "  in  New-Nethcrland, 
and  so  well  known  to  you." 

The  Dutch  writers  are  not  agreed  in  the  extent  of 
Nova  Belgia,  pr  New-Netherland  ;  some  describe  it  to 
be  from  Yirginia  to  Canada  ;  and  others  inform  us,  that 
the  arms  of  the  States  General  were  erected  at  Cape  Cod, 
Connecticut,  and  Hudson's  river,  and  on  the  west  side 
of  the  entrance  into  Delaware  bay.  The  author  of  the 
pamphlet  mentioned  in  the  notes  gives  Canada  river  for 
a  boundary  on  the  north,  and  calls  the  country,  north 
west  from  Albany,  Terra  Incognita. 

*  The  anonymous  Dutch  author  of  the  Descnption  of  I^ew-Nether- 
land  m  1649,  calls  him  Minnewits ;  and  add«,  that  in  ICSS  he  arrived 
at  Delaware  Avith  two  vessels,  pretending  that  he  touched  for  refresh- 
ment in  his  way  to  the  W^est-Indies  ;  but  that  he  soon  threw  off  the 
disguise,  by  employing  his  men  in  erecting  a  fort.  The  same  historian 
informs  us,  of  the  murder  of  several  Dutch  men,  at  South  River,  by 
the  Indians,  occasioned  by  a  quarrel,  concerning  tlie  taking  away  the 
States'  arms,  which  the  former  had  erected  at  the  first  discovery  of  that 
country;  in  resenting  which  an  Indian  had  been  killed.  IfKiefi's  let- 
ter alludes  to  this  affair,  then  Minuit  preceded  Van  T wilier,  in  the 
.chief  command  here  ;  and  being  perhaps  disobliged  by  tlie  T)?i(ch, 
centered  into  the  service  of  the  qiic^n  oX  S'tredrii. 


22 


History  of  New-York. 


In  1640,  the  English,  who  had  overspread  the  eastern 
part  of  Long  Island,  advanced  to  Oysterbay.  Kieft 
broke  up  their  settlement  in  1642,  and  fitted  out  two 
sloops  to  drive  the  English  out  of  Schuylkill,  of  vvhich 
the  Marylanders  had  lately  possessed  themselves.  The 
instructions,  dated  May  22,  to  Jan  Jansen  Alpendam, 
who  commanded  in  that  enterprise,  are  upon  record, 
and  strongly  assert  the  right  of  the  Dutch,  both  to  the 
soil  and  trade  there-  The  English  from  the  eastward 
shortly  after  sent  deputies  to  New-Amsterdam,  for  the 
accommodation  of  their  disputes  about  limits,  to  whom 
the  Dutch  offered  the  following  conditions,  entered  in 
their  books  exactly  in  these  words  : 

"  Conditiones  a  D.  Directore  Gen.  senatuys  Novi 
"  Belgii,  Doininis  Weytingh  atque  Hill,  Delegatis 
"  a  nobili  Senatu  Hartfordiensi,  oblatae  : 
Pro  Agro  nostro  Hartfordiensi,  annuo  persolvent 
Prsepotentiss,  D.  D.  Ordinibus  Foed.  Provinciarum 
Belgicarum  aut  eorum  Vicariis,  decimam  Partem 
Revcntiis  Agrorum,  turn  Aratro,  tum  Ligone,  aliove 
Cultorum  medio  ;  Pomariis,  Hortisq  ;  Oleribus  di- 
"  catis,  Jugerum  Hollandium  non  excedentibus  ex- 
"  ceptis  ;  aut  Decimarum  Loco,  Pretium  nobile  postea 
"  constituendum,  tam  diu  quain  diu  possessores  ejus- 
dem  Agri  futuri  erunt.    Actum  in  Arce  Amsteloda- 
"  mensi  in  novo  Belgio,  Die  Julii  9  Anno  Christi  1642.'' 
We  have  no  account  that  the  English  acceded  to 
these  proposals,  nor  is  it  probable,  considering  their 
superior  strength,  that  they  ever  did  :  on  the  contrary, 
fhey  daily  extended  their  possessions,  and  in  1643  the 
colonies  of  the  Massachusetts'  Bay,  Plymouth,  Connect- 
icut, and  New-Haven,  entered  into  a  league  both 
against  the  Dutch  and  Indians,  and  grew  so  powerful 


History  of  New-York. 


23 


as  to  meet  shortly  after,  upon  a  design  of  extirpating  the 
former.  Tiie  Massachusetts'  Bay  declined  this  enter- 
prise, which  occasioned  a  letter  to  Oliver^  Cromwell 
from  William  Hooke,  dated  at  New-Haven,  November 
3, 1653,  in  which  he  complains  of  the  Dutch,  for  supply- 
ing the  natives  with  arms  and  ammunition,  begs  his  assis- 
tance with  two  or  three  frigates,  and  that  letters  might  be 
sent  to  the  eastern  colonies,  commanding  them  to  join 
in  an  expedition  against  the  Dutch  colony.  Oliver's  af- 
fairs would  not  admit  of  so  distant  an  attempt, but 
Richard  Cromwell  afterwards  drew  up  instructions  to  his 
commanders  for  subduing  the  Dutch  here,  and  wrote  let- 
ters to  the  English  American  governments  for  their  aid ; 
copies  of  which  are  preserved  in  Thurloe's  collection, 
vol.  1.  p.  721,  &c. 

Peter  Stuy  vesant  was  the  last  Dutch  governour,  and 

*  The  war  betweeo  him  and  the  States,  which  began  in  July,  1 652, 
was  concluded  by  a  peace  on  the  fifth  of  April,  1654.  The  treaty 
makes  no  particular  mention  of  this  country.  If  any  part  of  it  can  be 
considered  as  relating  to  the  American  possessions,  it  is  to  be  found  in 
the  two  first  articles,  which  are  in  these  words  :  "  Imprimis,  It  is 
agreed  and  concluded,  that,  from  this  day  forwards,  there  be  a  true, 
firm,  and  inviolable  peace,  a  sincere,  intimate  and  close  friendship, 
affinity,  confederacy,  and  union,  betwi'xtthe  republick  of  England  and 
the  States  General  of  the  United  Provinces  of  the  Netherlands,  and  the 
lands,  countries,  cities,  and  towns,  under  the  dominions  of  each,  without 
distinction  of  places,  together  with  their  people  and  inhabitants  of  what- 
soever degree. 

"  11.  That  hereafter  all  enmity,  hostility,  discord,  and  contentioo 
betwixt  the  said  republicks,  and  their  people  and  subjects,  shall  cease, 
and  both  parties  shall  henceforwards  abstain  from  the  committing  all 
manner  of  mischief,  plunder,  and  injuries,  by  land,  by  sea,  and  on  tlje 
fresh  waters,  in  all  their  lands,  countries,  domiuions,  places,  and  govera- 
ments  Avhatsoever. 


/ 


24 


Mistory  of  New- York. 


though  he  had  a  commission  in  1646,  he  did  not  begin 
hk  administration  till  May  27,  1647.    The  inroads  and 
claims  upon  his  government,  kept  him  constantly  em- 
ployed.   New-England  on  the  east,  and  Maryland  on 
the  west,  alarmed  his  fears  by  their  daily  increase  ;  and 
about  the  same  time  captain  Forrester,  a  Scotchman, 
claimed  Long  Island  for  the  dow^ager  of  Stirling.  The 
Swedestoo  w  ere  perpetually  incroaching  upon  Delaware* 
Through  the  unskilfulness  of  the  mate,  one  Deswyck,  a 
Swedish  captain  and  supercargo  arrived  in  Raritan  riv- 
er.   The  ship  was  seized,  and  himself  made  a  prisoner 
at  New-Amsterdam.    Stuyvesant's  reasons  were  these- 
In  1651,  the  Dutch  built  fort  Casimir,  now  called  New- 
castle, on  Delaware.    The  Swedes,  indeed,  claimed  the 
country,  and  Printz,  their  governour,  formally  protested 
against  the  works.    Risingh,  his  successor,  under  the 
disguise  of  friendship,  came  before  the  fortress,  fired 
two  salutes,  and  landed  thirty  men,  who  were  entertain- 
ed by  the  commandant  as  friends  ;  but  he  had  no  sooner 
discovered  the  weakness  of  the  garrison,  than  he  made 
himself  master  of  it,  seizing  also  upon  all  the  ammuni- 
tion, houses,  and  other  effects  of  the  AVest-India  com- 
pany, and  compelling  several  of  the  people  to  swear 
allegiance  to  Christina,  queen  of  Sweden.    The  Dutch, 
in  1655,  prepared  to  retake  fort  Casimir.  Stuyvesant 
commanded  the  forces  in  person,  and  arrived  with  them 
in  Delaware  the  9th  of  September.    A  few  days  after, 
he  anchored  before  the  garrison,  and  landed  his  troops. 
The  fortress  was  immediately  demanded  as  Dutch  pro- 
perty :  Suen  Scutz,  the  commandant,  desired  leave  to 
consult  Risingh,  which  being  refused,  he  surrendered 
the  16th  of  September  on  articles  of  capitulation.  The 
tvhole  strength  of  the  place  consisted  of  four  cannon. 


History  of  New- York. 


25 


fourteen  pounders,  five  swivels,  and  a  parcel  of  small 
arms,  which  were  all  delivered  to  the  conquered.  Fort 
Christina  was  commanded  by  Risingh.  Stuyvesant 
came  before  it,  and  Risingh  surrendered  it  upon  terms 
the  25th  of  September.  The  country  being  thus  sub- 
dued, the  Dutch  governour  issued  a  proclamation,  in 
favour  of  such  of  the  inhabitants,  as  would  submit  to  the 
new  government,  and  about  thirty  Swedes  swore,  "  Fi- 
delity and  obedience  to  the  States  General,  the  lords  di- 
rectors of  the  West-India  company^  their  subalterns  of 
the  province  of  New-Netherlands,  and  the  director 
general  then,  or  thereafter,  to  be  established."  Ri- 
singh and  one  Elswych,  a  trader  of  note,  were  order- 
ed to  France,  or  England,  and  the  rest  of  the  Swedish 
inhabitants  to  Holland,  and  from  thence  to  Gottenbergi 
The  Swedes  being  thus  extirpated,  the  Dutch  became 
possessed  of  the  West  side  of  Delaware  bay,  now  call- 
ed the  three  lower  counties. 

This  country  was  afterwards  uiidei*  the  command  of 
lieutenant-governours,  subject  to  the  controul  of^  and 
commissioned  by,  the  director  general  at  New- Amster- 
dam. Johan  Paul  Jaquet  was  the  first  vice-director,  or 
lieutenant-governour,  of  South  River.  His  successors 
were  Airicks,  Hinqjossa  and  William  Beekman.  The 
posterity  of  the  last  remains  amongst  us  to  this  day^ 
These  lieutenants  had  power  to  grant  lands,  and  their 
patents  make  a  part  of  the  ancient  titles  of  the  present 
possessors.  Alrick's  commission,  of  the  12th  of  Aprils 
1657,  shews  the  extent  of  the  Dutch  claim  on  the  west 
side  of  Delaware  at  that  time.  He  was  appointed  Di- 
rector general  of  the  colony  of  the  South  River  of  New- 
Netherlands,  and  the  fortress  of  Casimir,  now  called 
Niewer  Ararstel,  with  all  the  lands  depending  thereon/ 

4 


History  of  New-YorJc. 


according  to  the  first  purckase  and  deed  of  release  of 
the  natives,  dated  July  19,  1651,  beginning  at  the  west 
side  of  the  Minquaa,  or  Christina  Kill,  in  the  Indian 
language  named  Suspecough,  to  the  mouth  of  the  bay, 
or  river  called  Bompt-Hook,  in  the  Indian  language 
Cannaresse  ;  and  so  far  inland  as  the  bounds  and  limits 
of  the  Minquaas  land,  with  all  the  streams,  &c.  appur- 
tenances, and  dependencies.^  Of  the  country  north- 
ward of  the  kill,  no  mention  is  made.  Orders  in  1658^ 
were  given  to  William  Beekman  to  purchase  Cape  Hin- 
lopen  from  the  natives,  and  to  settle  and  fortify  it, 
which,  for  want  of  goods,  was  not  done  till  the  succeed- 
ing year. 

In  the  year  1659,  fresh  troubles  arose  from  the  Mary- 
land claim  to  the  lands  on  South  River ;  and  in  Septem- 
ber Colonel  Nathaniel  U  tie,  as  commissioner  from  Feu- 
dal lord  Baltimore's  governour,  arrived  at  Niewer  Am- 
stel  from  Maryland.  The  country  was  ordered  to  be 
evacuated,  lord  Baltimore  claiming  all  the  land,  be- 
tween 38  and  40  degrees  of  latitude,  from  sea  to  sea. 
Beekman  and  his  council  demanded  evidence  of  his 
lordship's  right,  and  offered  to  prove  the  States  General's 
grant  to  the  West-India  company,  their  payment  to 
them  for  the  land  and  possession  ;  and  upon  the  whole 
proposed  to  refer  the  controversy  to  the  republicks  of 
England  and  Holland,  praying  at  the  same  time,  three 
weeks  to  consult  Stuyvesant,  the  general.  The  com- 
missioner, notwithstanding,  a  few  days  after,  warned 
him  to  draw  of,  beyond  the  latitude  of  40''  :  but  Beek- 
man disregarded  the  threat.  Colonel  Utie  thereupon  re- 
turned to  Maryland,  and  an  immediate  invasion  was  ex- 
pected. 

Early  in  the  spring  of  the  y  ear  1660,.  Nicholas  Vai?^ 


History  of  New-York. 


3etli,  and  Brian  Newton,  were  dispatched  from  fort  Aim 
sterdam  to  Virginia,  in  quality  of  ambassadors,  with 
full  power  to  open  a  trade,  and  conclude  a  league,  of- 
fensive and  defiensive  against  the  barbarians.  William 
Berckley,  the  governour,  gave  them  a  kind  reception, 
approved  their  proposal  of  peace  and  commerce,  which 
:Sir  Henry  Moody  was  sent  here  to  agree  upon  and  per- 
fect Four  articles,  to  that  purpose,  were  drawn  up, 
and  sent  to  the  governour  for  confirmation.  Stuyve- 
sant  artfully  endeavoured,  at  this  treaty,  to  procure  an 
acknowledgement  of  the  Dutch  title  to  the  country, 
which  Berckley  as  carefully  avoided.  This  was  his  aq.^ 
5wer  : 

Sir, 

I  have  received  the  letter,  you  w^ere  pleased  t(D 
send  me,  by  Mr.  Mills  his  vessel,  and  shall  be  ever 
ready  to  comply  with  you;  in  all  acts  of  neighbourly 
friendsliip  and  amity.  But  truly,  sir,  you  desire  me  to 
do  that,  concerning  your  titles,  and  claims  to  land,  in 
this  northern  part  of  America,  which  I  am  in  no  capa- 
city to  do  ;  fori  am  but  a  servant  of  the  Assembly's: 
neither  do  they  arrogate  any  power  to  themselves,  far- 
ther than  the  miserable  distractions  of  England  force 
them  tOe  For  when  God  shall  be  pleased  in  his  mercy, 
to  take  away  and  dissipate  the  unnatural  divisions  of 
their  native  country,  they  will  immediately  return  to 
their  own  professed  obedience.  What  then  they  should 
do  in  matters  of  contract,  donation,  or  confession  of 
right,  would  have  little  strength  or  signification  ;  much 
more  presumptive  and  impertinent,  would  it  be  in  me 
to  do  it,  without  their  knowledge  or  assent.  We  shall 
Fery  shortly  meet  again,  and  then,  if  to  them  you  signi- 


28 


tUstory,  of  New-  York. 


fy  your  desires,  I  shall  labour  all  I  can,  to  get  you  a 
satisfactory  answer. 

"  I  am,  sir, 

"  Your  humble  servant, 
"  William  Berckley/^ 

«  Virginia,  August  20, 1 660." 

Governour  Stuyvesant  was  a  faithful  servant  of  the 
*West-India  company  :  this  is  abundantly  proved  by 
his  letters  to  them,  exciting  their  care  of  the  colony. 
In  one,  dated  April  20,  1660,  which  is  very  long  and 
pathe tick,  representing  the  desperate  situation  of  affairs 
on  both  sides  of  the  New-Netherlands,  he  writes,  "  Your 
honours  imagine,  that  the  troubles  in  England  will  pre- 
vent any  attempt  on  these  parts :  alas  !  they  are  ten 
to  one  in  number  to  us,  and  are  able  without  any  assis- 
tance, to  deprive  us  of  the  country  when  they  please.'" 
On  the  25th  of  June,  the  same  year,  he  informs  them, 
that  the  demands,  encroachments,  and  usurpation,  of 
the  English,  gave  the  people  here  great  concern.  The 
right  to  both  rivers,  says  he,  by  purchase  and  possession 
is  our  ow  n,  without  dispute.  We  apprehend,  that  they, 
our  more  powerful  neighbours,  lay  their  claims  under  a 
royal  patent,  which  we  are  unable  hitherto  to  do  in 
your  name.^"    Colonel  Utie  being  unsuccessful  the 

*  If  we  should  argue,  from  this  letter,  that  the  West-India  company 
had  Qo  grants  of  the  New-Netherlands,  from  the  States  General,  as 
some  suppose,  we  discredit  De  Laet's  History,  dedicated  to  the  States 
in  1624,  as  well  as  all  the  Dutch  writers,  and  even  Stuyvesant  himself,^ 
•who,  in  his  letter  to  Richard  Nicolls,  at  the  surrender,  asserts  that 
they  had  a  grant,  and  shewed  it  under  seal  to  the  English  deputies. 
But  the  genuine  construction  of  the  Dutch  governour's  letter,  is  this, 
that  in  1 660,  he  had  not  the  patent  to  the  West-India  company,  to  lay 
before  Ih^  English  ip  America,  who  disputed  the  Dutch  right  to  this 
countVy. 


History  of  New-York. 


59 


last  year,  in  his  embassy  for  the  evacuation  of  the. 
Dutch  possessions  on  Delaware,  Lord  Baltimoie,  in  au- 
tumn, 1660,  applied,  by  captain  Neal,  his  agent,  to  the 
West-India  company, \  in  Holland,  for  an  order  on  the 
inhabitants  of  South  River  to  submit  to  his  authority^, 
which  they  absolutely  refused,  asserting  their  right  to 
that  part  of  their  colony. 

The  English,  from  New-England,  were  every  day  en- 
croaching upon  the  Dutch.  The  following  letter,  from 
Stuyvesant  to  the  West-India  company,  dated  Jidy  21^ 
1661,  shews  the  state  of  the  colony  at  that  time,  on  both 
sides.  We  have  not  yet  begun  the  fort  on  Long  Is- 
land, near  Oysterbay,  because  our  neighbours  lay  the 
boundaries  a  mile  and  an  half  more  westerly,  than  we 
do,  and  the  more  as  your  honours,  by  your  advice  of 
December  24,  are  not  inclined  to  stand  by  the  treaty  of 
Hartford,  and  propose  to  sue  for  redress  on  Long  Island 
and  the  Fresh  Water  River,  by  means  of  the  States'  am- 
bassador. Lord  Sterling  is  said  to  solicit  u  confirma- 
tion of  his  right  to  all  Long  Island,  and  importunes  the 
present  king,  to  confirm  the  grant  made  by  his  royal 
father,  which  is  affirmed  to  be  already  obtained.  But 
more  probable,  and  material,  is  the  advice  from  Mary- 
land, that  Lord  Balthnore's  patent,  which  contains  the 
south  part  of  South  River,  is  confirmed  by  the  king, 
and  published  in  print  :  that  Lord  Baltimore's  natural 
brother,  who  is  a  rigid  papist,  being  made  governoia- 
there,  has  received  Lord  Baltimorei^s  claim,  and  protest 
to  your  honours  in  council,  (wherewith  he  seems  but  lit- 
tle satisfied)  and  has  now^  more  hopes  of  success.  We 
have  advice  from  England,  that  there  is  an  invasion  in- 
fended  again^^t  these  parts,  and  the  country  solicited  of 


30 


History  of  New- York. 


ihe  king,  the  duke,  and  the  parliament,  is  to  be  annex- 
ed to  their  dominions  ;  and  for  that  purpose,  they  desire 
three  or  four  frigates,  persuading  the  king,  that  the 
company  possessed  and  held  this  country  under  an  un-^ 
lawfui  title,  having  only  obtained  of  king  James  leave 
for  a  watering  place  on  Staten  Island,  in  1623." 

In  August  1663,  a  ship  arrived  from  Holland  at 
South  River,  with  new  planters,  ammunition,  and  im- 
plements of  husbandry.    Lord  Baltimore's  son  landed  a 
little  after,  and  Avas  entertained  byBeekman  at  Niewer 
Amstek    This  w^as  Charles,  the  son  of  Ceciiius,  who  in 
1661,  had  procured  a  grant  and  confirmation  of  the  pa- 
tent, passed  in  favour  of  his  father  in  1632.    The  pa« 
pistical  principles  of  the  Baltimore  family,  the  charge  of 
colonizing,  the  parliamentary  war  with  Charles  I.  and 
Oliver's  usurpation,  all  conspired  to  impede  the  settle- 
ment of  Maryland,  till  the  year  1661.    And  these  con- 
siderations account  for  the  extension  of  the  Dutch  li- 
mits, on  the  west  side  of  Delaware  bay. 

While  the  Dutch  were  contending  with  their  Euro^ 
pean  neighbours,  they  had  the  art  always  to  maintain  a 
friendship  with  the  natives,  until  the  war  which  broke 
<jut  this  year  with  tlie  Indians  at  Esopus,  now  Ulster 
county.  It  continued,  however,  but  a  short  season. 
The  Five  Nations  never  gave  them  any  disturbance, 
which  was  owing  to  their  continual  wars  with  the  French 
who  settled  at  Canada  in  1603.  I  have  before  observ- 
ed, that  Oliver  Cromwell  was  applied  to,  for  his  aid  in 
the  reduction  of  this  countrv,  and  that  his  son  Richard 
took  some  steps  towards  accomplisiiing  the  scheme  ; 
the  work  was  however  reserved  for  the  reign  of  Charles 
11.  an  indolent  prince,  and  entirely  given  up  to  pleasure^ 
■who  was  driven  to  il,  more  perhaps,  by  the  differences 


Histori/  of  Nm-YorJc. 


31 


then  subsisting  between  England  and  Holland,  than  by 
any  motive  that  might  reflect  honour  upon  his  prudence, 
activity,  and  publick  spirit.  Before  this  expedition,  the 
king  granted  a  patent  on  the  12th  of  March,  1664,  to  hi^s 
brother,  the  duke  of  York  and  Albany,  for  sundry 
tracts  of  land  in  A  merica,  the  boundaries  of  which,  be- 
cause they  have  given  rise  to  important  and  animated 
debates,  it  may  not  be  improper  to  transcribe. 

"  All  that  part  of  the  main  land  of  New-England,  be-- 
ginning  at  a  certain  place,  called  or  known  by  the  name 
of  St.  Croix,  next  adjoining  to  New-Scotland  in  Ameri- 
ca, and  from  thence  extending  along  the  sea  coast,  unto 
a  certain  place  called  Pemaquie,  or  Pemequid,  and  m 
up  the  river  thereof,  to  the  furthest  head  of  the  same, 
as  it  tendeth  northward ;  and  extending  from  thence^ 
to  the  river  of  Kimbequin,  and  so  upwards,  by  the 
shortest  course,  to  the  river  Canada  northward  :  and 
also  all  that  island,  or  islands,  commonly  called  by  the 
several  name  or  names  of  Meitowacks,  or  Long  Island^ 
situate  and  being  towards  the  west  of  Cape  Cod,  and 
the  narrow  Higansetts,  abutting  upon  the  main  land^, 
between  the  two  rivers,  there  called  or  known  by  the 
several  names  of  Connecticut  and  Hudson's  river,  to- 
gether also  with  the  said  river,  called  Hudson's  river^ 
and  all  the  land  from  the  West  side  of  Connecticut 
river,  to  the  east  side  of  Delaware  bay,  and  also,  all 
those  several  islands,  called  or  known  by  the  names  of 
Martin's  Vineyard,  or  Nantuck's,  otlierwise  Nantucket : 
together,  &:c.  '^ 

Part  of  this  tract  was  conveyed  by  the  duke,  to  Jolm 
lord  Berkley,  baron  of  Stratton,  and  sir  George  Car- 
teret of  Saltrum  in  Devon,  w^ho  were  then  members  of 
the  king's  council.    The  lease  was  for  the  considera* 


History  of  New- York. 


tion  of  ten  shiJlings,  and  dated  the  23d  of  June,  1664  - 
The  release,  dated  the  next  day,  mentions  no  particu- 
lar sum  of  money,  as  a  consideration  for  the  grant  of 
the  lands,  which  have  the  following  description  : 

"  All  that  tract  of  land,  adjacent  to  New-England, 
and  lying  and  being  to  the  westward  of  Long  Island, 
and  bounded  on  the  east  part  by  the  main  sea,  and 
partly  by  Hudson's  river ;  and  hath  upon  the  west, 
Delaware  bay^  or  river,  and  extendeth  southward,  to 
the  main  ocean  as  far  as  Cape  May,  at  the  mouth  of 
Delaware  bay  :  and  to  the  northward,  as  far  as  the 
northermost  branch  of  the  said  bay  or  river  of  Delaware^ 
which  is  forty  one  degrees  and  forty  minutes  of  lati« 
tilde  :  which  said  tract  of  land  is  hereafter  to  be  called 
by  the  name,  or  names  of  Nova  Caesarea,  or  New- 
Jersey.'' 

Thus  the  New-Netherlands  became  divided  into  New- 
Jersey,  so  called  after  the  isle  of  Jersey,  in  compli- 
ment to  sir  George  Carteret,  whose  family  came  from 

thence ;  and  New- York,  which  took  its  name  in  hon- 
our of  the  duke  of  York. 

The  Dutch  inhabitants,  by  the  vigilance  of  their  gov- 
ernour,  were  not  unapprised  of  the  designs  of  the 
English  court  against  them,  for  their  records  testify^ 
that  on  the  8th  of  July,  "  The  general  received  intel- 
ligence, from  one  Thomas  Willet,  an  Englishman,  that 
an  expedition  was  preparing  in  England,  against  this 
place,  consisting  of  two  frigates  of  40  and  50  guns,  and 
a  fly  boat  of  40  guns,  having  on  board  three  hundred 
soldiers,  and  each  frigate  one  hundred  and  fifty  men. 
and  that  they  lay  at  Portsmouth,  w  aiting  for  a  wind.'" 
News  arrived  also  from  Boston,  that  they  had  already 
set  sail.    The  burgomasters  were  thereupon  called  into 


History  of  New- York. 


33 


council.  The  fortress  was  ordered  to  be  put  into  a  posture 
of  defence,  and  spies  sent  to  Milford  and  Westchester 
for  intelligence.    Boston  was  in  the  secret  of  the  ex- 
pedition, for  the  general  court  had  in  May  preceding, 
passed  a  vote  for  a  supply  of  provisions,  towards  re* 
freshing  the  ships  on  their  arrival.    They  were  four  in 
number,  and  resolved  to  rendezvous  at  Gardener's 
Island  in  the  Sound,  but  parted  in  a  fog  about  the  20th 
of  July*    Richard  Nicolls  and  Sir  George  Carteret,  two 
of  the  commissioners,  were  on  board  the  Guyny^  and 
fell  in  first  with  Cape  Cod*    The  winds  having  blowii 
from  the  southwest,  the  other  ships,  Avith  Sir  Robert 
Carr,  and  Mr„  Mavenick,  the  remaining  commissioners^ 
were  rightly  concluded,  to  be  driven  to  the  eastwards 
After  dispatching  a  letter  to  Mr.  Winthrop,  the  go« 
vernour  of  Connecticut,  requesting  his  assistance.  Colo- 
nel Nicolls,  proceeded  to  Nantasket,  and  thence  to 
Boston.    The  other  ships  got  into  Piscataway.  Johri 
Endicot,  a  very  old  man^  was  then  go  vernour  of  Boston^ 
and  incapable  of  business.  The  commissioners,  therefore^ 
had  a  conference  with  the  council,  and  earnestly  im-^ 
plored  the  assistance  of  that  colony.    Colonel  Nicolls 
and  Sir  George  Carteret,  in  their  letter  from  Boston,  to 
Sir  H.  Bennet,  secretary  of  state,  complain  much  of 
the  backwardness  of  that  province.    The  reasons  urg- 
ed in  their  excuse,  were  poverty  and  the  Reason,  it  be- 
ing the  time  of  harvest ;  but  perhaps  disaffection  to  the 
Stewart  family,  whose  persecuting  fury  had  driven  theiti 
from  their  native  country,  was  the  trtie  spring  of  their 
tonduct.    The  king's  success  in  the  reduction  of  ,t)if 
Dutch,  evidently  opened  him  a  door  to  come  at  hiP 
enemies  ijpi  New-England,  whp  werQ  far  fxom,  being. 


34 


History  of  Nerv-YorL 


few  ^  ;  and  whether  this  consideration  might  not  have 
given  rise  to  the  project  itself,  I  leave  to  the  conjectures 
of  others. 

On  the  27th  of  July,  Nicolls  and  Carteret  made  a 
formal  request  in  writing,  "  That  the  governnient  of 
Boston  would  pass  an  act  to  furnish  them  with  armed 
men,  who  should  begin  their  march  to  the  Manhattans, 
on  the  20th  of  August  ensuing,  and  promised,  that  if 
they  could  get  other  assistance,  they  would  give  them 
an  account  of  it."  The  governour  and  council  answer- 
ed, that  they  would  assemble  the  general  court,  and 
communicate  the  proposal  to  them. 

From  Boston,  a  second  letter  was  written  to  gover- 
nour Wintlirop,  in  Connecticut,  dated  the  2Cth  of  .July, 
in  w4iich  he  w^as  informed  that  the  other  ships  w^ere  then 
arrived,  and  would  sail  with  the  first  fair  wind,  and  he 
was  desired  to  meet  them  at  the  west  end  of  Long  Island. 

One  of  the  ships  entered  the  bay  of  the  North  River, 
several  days  before  the  rest ;  and  as  soon  as  they  were 
all  come  up,  Stuyvesant  sent  a  letter  dated  ^  of  Au- 
gust, at  Fort  Anil,  directed  to  the  commanders  of  the 
English  frigates,  by  John  Declyer,  one  of  the  chief 
council,  the  Rev.  John  Megapolensis,  minister,  Paul 


•  *  T.  Dixwel,  Esq.  one  of  Charles^  I.  judges,  and  excepted  out  of 
the  general  pardon,  lived  many  years  at  ]Vew-Haven,  incog,  in  quaiiij 
of  a  country  merchant  :  Sir  Edoiond  Andross,  in  one  of  his  tours 
through  the  colony  of  Connecticut,  saw  hint]  there  at  church,  and 
strongly  suspected  him  to  be  one  of  the  regicides.  In  his  last  illness, 
Tie  revealed  himself  to  the  minister  of  the  town,  and  ordered  a  small 
stone  to  be  set  at  the  head  of  his  grave,  which  J  have  often  seen  there, 
-inscribed  T.  D;  Esq, .  While  at  JS Ov-Haven*  he  went  under  the  mme 
of  John  Davis, 


History  of  New-York. 


35 


Lunder  Vander  Grilft,  major,  and  Mr.  Samuel  Mega- 
polensis,  doctor  in  physic,  with  the  utmost  civility,  to 
desire  the  reason  of  their  approach,  and  continuing  in 
the  harbour  of  Naijarlij,  without  giving  notice  to  the 
Dutch,  which  (he  writes)  they  ought  to  have  doge. 

Colonel  NicoUs  answered  the  next  day  with  a  sum- 
mons. 

To  the  honourable  the  governour,  and  chief  council 

at  the  Manhattans- 
"  Right  worthy  sirs, 

"  I  received  a  h-tter  by  some  worthy  persons  intrust- 
ed by  you,  bearing  date  the  of  August,  desiring 
to  know  the  intent  of  the  approach  of  the  English 
frigates ;  in  return  of  which,  I  think  it  fit  to  let  you 
know,  that  his  majesty  of  Great  Britain,  whose  right  and 
title  to  these  p^rts  of  America  is  unquestionable,  well 
knowing  feow  much  it  derogates  from  his  crown  and 
dignity,  to  suffer  any  foreigners,  how  near  soever  they 
be  allied,  to  usurp  a  dominion,  and  without  his  majesty's 
royal  consent,  to  inherit  in  these,  or  any  other  of  his 
majesty's  territories,  hath  commanded  me,  in  his  name, 
to  require  a  sm  render  of  all  such  forts,  towns,  or  places 
ofstrengthj  which  are  now^  possessed  by  the  Dutch,  un- 
der your  commands ;  and  in  his  majesty's  name,  I  do 
demand  the  town,  situate  on  the  island,  commonly 
known  by  the  name  of  Manhattoes,  with  all  the  forts 
thereunto  belonging,  to  be  rendered  unto  his  majesty's 
obedience  and  protection,  into  loy  hands.  I  am  farther 
commanded  to  assure  you,  and  every  respective  inha- 
bitant of  the  Dutch  nation,  that  his  majesty  being  ten- 
der of  the  effusion  of  Christian  blood,  doth  by  these 
presents,  confirm  and  secure  to  every  man  his  estate, 
Hfej  and  liberty,  who  shall  readily  subiuit  to  his  gavtf^rii- 


History  oj  New-York. 


Hient.  And  all  those  who  shall  oppose  his  majesty^g 
gracious  intention,  must  expect  all  the  miseries  of  a 
war,  which  they  bring  upon  themselves.  I  shall  ex- 
pect your  answer  by  these  gentlemen,  Colonel  George 
Ca)  leijt^t,  one  of  his  majesty's  commissioners  in  Ameri- 
ca ;  Captain  Robert  Needham,  Captain  Edward  Groves, 
and  Mr.  Thomas  Delavall,  whom  you  will  entertain 
with  such  civility  as  is  due  to  them,  and  yourselves^ 
^nd  yours  shall  receive  the  same,  from 

«^  Dated  on  board  his  Worthy  sirS, 

majesty's  ship,  the 

Guyny,  riding  be-  Yojur  very  humble  servant, 

fore  Nay ch,  the|^  -r*- 

of  Aug.  1664.  Richard  NicoUs'^ 

Mr.  Stuyvesant  promised  an  answer  to  the  summons 
the  next  morning,  and  in  the  mean  time  convened  the 
council  and  burgomasters.  The  Dutch  governour  was 
a  good  soldier,  and  had  lost  a  leg  in  the  ser^ce  of  the 
States*  He  would  willingly  have  made  a  defence ;  and 
refused  a  sight  of  the  summons,  both  to  the  inhabitants 
pnd  burgomasters,  lest  the  easy  terms  offered,  might 
induce  them  to  capitulate.  The  latter,  however,  insist- 
ed upon  a  copy,  that  they  might  communicate  it  to  the 
late  magistrates  and  principal  burghers.  They  called 
together  the  inhabitants  at  the  s|,adt  house,  and  acquaint- 
ed them  with  the  governour's  refusal.  Governour  Win- 
throp,  at  the  same  time,  wrote  to  the  director  and  his 
council,  strongly  recommending  a  suixender.    On  the 

22d  of  Augiist,  the  biirgomasters  came  again  into 
council,  and  desired  to  know  the  contents  of  the  Eng- 
lish message  from  Governour  Winthrop,  which  Stuyve-* 
sant  still  refused.  They  continued  their  importunity  5 
and  he,  in  a  fit  of  anger,  tore  it  to  pieces  :  upon  which^ 
|hey  protested  against  tiie  ^ct  and  all  Us  coii.sequencQg. 


History  of  New-York. 


Determined  upon  a  defence  of  the  coutitty,  Stuyvesant 
wrote  a  letter  in  answer  to  the  summons,  which,  as  it  h 
historical  of  the  Dutch  claim,  will  doubtless  be  accepts 
able  to  the  reader.  The  following  is  an  ^xact  Irans^ 
eript  of  the  record. 
My  Lords, 

"  Your  first  letter,  unsigned,  of  the  |f  August,  tof 
gether  with  that  of  this  day,  signed  according  to  form^ 
being  the  first  of  September,  have  been  safely  deliver^^t 
into  our  hands  by  your  deputies,  unto  which  we  shall 
say.  That  the  rights  of  his  majesty  of  England,  unt# 
any  part  of  America  hereabout,  amongst  the  rest,  unto 
the  colonies  of  Virginia,  Maryland,  or  others  in  New- 
England,  whether  disputable  or  not,  is  that  which  for 
the  present,  we  have  no  design  to  debate  upon.  But 
that  his  majesty  hath  an  indisputable  right,  to  all  the 
lands  in  the  north  parts  of  America,  is  that,  which  the 
kings  of  France  and  Spain  will  disallow,  as  we  abso- 
lutely do,  by  virtue  of  a  commission  given  to  me,  by  my 
lords,  the  high  and  mighty  States  General,  to  be  gover- 
nour  general  over  New-Holland,  the  Isles  of  Curacoa^ 
Bonaire,  Aruba,  with  their  appurtenances  and  depen- 
dencies, bearing  date  the  26th  July,  1646.  As  also  by* 
virtue  of  a  grant  and  commission,  given  by  my  said 
lords,  the  high  and  mighty  States  General,  to  the  West- 
India  company,  in  the  year  1621,  with  as  much  power 
and  as  authentick,  as  his  said  majesty  of  England  hath 
given,  or  can  give,  to  any  colony  in  America,  as  more 
fully  appears  by  the  patent  and  commission  of  the  saii 
lords,  the  States  General,  by  them  signed,  registered, 
and  sealed  with  their  great  seal,  which  were  shewed  to 
your  deputies.  Colonel  George  Carteret,  Captain  Ro- 
Jiert  Needham^  C^tain  Edward  Groyes,  and  Mr.  Tho* 


38 


Histe^ry  of  New-York. 


mas  Delara^ll ;  by  which  commission  and  patent^  tOr 
gether  (to  deal  frankly  with  you)  and  by  divers  letters, 
5*igned  and  sealed  by  our  said  lords,  the  States  General, 
directed  to  seyeral  persons,  both  English  and  Dutch,  in- 
habiting the  tow^ns  and  villages  on  Long  Island,  (which 
without  doubt,  have  been  produced  before  you,  by 
those  inhabitants)  by  which  they  are  declared  and  ac- 
knowledged to  be  their  subjects,  with  express  com- 
mand, that  they  continue  faithful  unto  them,  under 
penalty  of  incurring  their  utmost  displeasure,  which 
makes  it  appear  more  clear  than  the  sun  at  noon  day, 
that  your  first  foundation,  viz.  (that  the  right  and  title 
of  his  majesty  of  Great  Britain,  to  these  parts  of  Amer- 
ica is  unquestionable)  is  absolutely  to  be  denied.  More- 
over, it  is  without  dispute,  and  acknov/ledged  by  the 
world,  that  our  predecessors,  by  virtue  of  the  com- 
mission and  patent  of  the  said  lords,  the  States  General, 
have  without  controul  and  peaceably  (the  contrary  ne- 
ver coming  to  our  knowledge)  enjoyed  Fort  Orange, 
about  48  or  50  years,  the  Manhattans  about  41  or  42 
rears,  the  South  River  40  years,  and  the  Fresh  Water 
River  about  36  years.  Touching  the  second  subject 
of  your  letter,  viz.  "  his  majesty  hath  commanded  me, 
in  his  name,  to  require  a  surrender  of  all  such  forts, 
towns,  or  places  of  strength,  which  now  are  possessed 
by  the  Dutch,  under  your  command we  shall  answer, 
that  w^e  are  so  confident  of  the  discr  etion  and  equity  of 
liis  majesty  of  Great  Britain,  that  in  case  his  majesty 
were  informed  of  the  truth,  which  is,  that  the  Dutch 
came  not  into  these  provinces,  by  any  violence,  but  by 
virtue  of  commissions  from  my  lords,  the  States  Gene- 
ral, fu-st  of  all  in  the  years  1614, 1615  and  1616,  up  the 
North  Ftiver,  near  Fort  Orange,  where,  ^to  hinder  the* 


History  of  New-  York. 


39 


Lnyasions  and  mass^icres,  commonly  committed  by  IIm 
savages,  they  built  a  little  fort,  and  after,  in  the  year 
1622,  and  even  to  this  present  time,  by  virtue  of  com- 
mission and  grant,  to  the  governours  of  the  West-India 
company  ;  and  moreover,  in  the  year  1656,  a  giant  to 
the  honourable  the  burgomasters  of  Amsterdam,  of  the 
South  River ;  insomuch,  that  by  virtue  of  the  above- 
said  commissions  from  the  high  and  mighty  States  Gene- 
ra], given  to  the  persons  interested  as  aforesaid,  and 
others,  these  provinces  have  been  governed,  and  con« 
sequently  enjoyed,  as  also  in  regard  of  their  first  dis- 
covery,  uninterrupted  possessions,  and  purchase  of  the 
lands  of  the  princes,  natives  of  the  country,  and  other 
private  persons  (though  gentiles)  w^e  make  no  doubt, 
that  if  his  said  majesty  of  Great  Britain,  were  well  in- 
formed of  these  passages,  he  would  be  too  judicious  to 
grant  such  an  order,  principally  in  a  time  when  there  is 
so  straight  a  friendship,  and  confederacy,  between  our 
said  lords  and  superiors,  to  trouble  us  in  the  demanding 
and  summons  of  the  places  and  fortresses,  which  were 
put  into  our  hands,  with  order  to  maintain  Ihem,  in  the 
name  of  the  said  lords,  the  States  General,  as  was  made 
appear  to  your  deputies,  under  the  naiiies  and  seal  of 
the  said  high  and  mighty  States  General,  dated  the  28th 
of  July,  1646.  Besides  what  had  been  mentioned,  there 
is  little  probability,  that  his  said  majesty  of  England 
(in  regard  to  the  articles  of  peace  are  printed,  and  were 
recommended  to  us  to  observe  seriously  and  exactly, 
by  a  letter  written  to  us  by  our  said  lords,  the  States 
.General,  and  to  cause  them  to  be  observed  religiously 
in  this  country)  would  give  order  touching  so  danger- 
ous a  design,  being  also  so  apparent,  that  none  other 
than  my  said  lords,  the  States  GeneraL  have  any  right 


History  of  Nm-York. 


let  these  provinces,  and  consequently,  ought  to  com-^ 
inand  and  maintain  their  subjects,  and  in  their  absence, 
we  the  governour  general  are  obliged  to  maintain  their 
rights,  and  to  repel  and  take  revenge  of  all  threaten- 
ings,  unjust  attempts,  or  any  force  whatsoever,  that 
shall  be  committed  against  their  faithful  subjects  and 
inhabitants,  it  being  a  very  considerable  thing,  to  affront 
so  mighty  a  state,  although  it  were  not  against  an  ally 
and  confederate;  Consequently,  if  his  said  majesty 
(as  it  is  fit)  were  well  informed,  of  all  that  could  be 
spoken  upon  this  subject,  he  would  not  approve  of  what 
expressions  were  mentioned  in  your  letter  ;  which  are, 
that  you  are  commanded  by  his  majesty,  to  demand  in 
his  name,  such  places  aad  fortresses  as  are  in  the  pos- 
«ssi6n  of  the  Dutch  under  my  government ;  which,  sis 
it  appeara  by  my  commission  before  mentioned,  wai 
givea  me  by  my  lords,  the  high  and  mighty  States  Gen- 
fcraL  And  there  is  less  ground  in  the  express  demand 
of  my  government,  since  all  the  world  knows,  that 
about  three  years  ago,  some  English  frigates  being  on 
the  coast  of  Africa,  upon  a  pretended  commission,  they" 
did  demand  certain  places  under  the  government  of  our 
said  lords,  the  States  General,  as  Cape  Vert,  River  of 
Gambo,  and  all  other  places  in  Guyny,  to  them  belong- 
ing.  Upon  which,  our  said  lords,  the  States  General, 
by  virtue  of  the  articles  of  peace,  having  made  appear 
the  said  attempt  to  his  majesty  of  England,  they  receiv- 
ed a  favourable  answer,  his  said  majesty  disallowing  all 
mich  acts  of  hostility,  as  might  have  been  done,  and 
feesides,  gave  order,  that  restitution  should  be  made,  to 
the  East-India  company,  of  whatsoever  had  been  pillag-^ 
ed,  in  the  said  river  of  Gambo  ;  and  likewise  restored 
them  to  their  trade^  which  makes  us  think  it  necessary^ 


History  of  New-York. 


41 


that  a  more  express  order  should  appear  unto  us,  as  a 
sufficient  warrant  for  us,  towards  my  lords,  the  high  and 
mighty  States  General^  since  by  rirtue  of  our  said  com- 
mission, we  do  in  these  provinces,  represent  them,  as 
belonging  to  them,  and  not  to  the  king  of  Great  Britain, 
except  his  said  majesty,  upon  better  grounds,  makes  it 
appear  to  our  said  lords,  the  States  General,  against 
which  they  may  defend  themselves,  as  they  shall  think 
fit.  To  conclude :  We  cannot  but  declare  unto  you, 
though  the  governours  and  commissioners  of  his  majesr 
ty  have  divers  times  quarrelled  with  us,  about  the 
bounds  of  the  jurisdiction^  of  the  high  and  mighty  *  the 
States  General,  in  these  parts,  yet  they  never  question- 
ed their  jurisdiction  itself;  on  the  contrary,  in  the  yeat 
1650,  at  Hartford,  and  the  last  year  at  Boston,  they 
treated  with  us  upon  this  subject,  which  is  a  sufficient 
proof,  that  his  majesty  hath  never  been  well  informed 
df  the  equity  of  our  cause,  insomuch  as  we  cannot  ima- 
gine, in  regard  of  the  articles  of  peace,  between  the 
crown  of  England  and  the  States  General,  (under  whom 
there  are  so  many  subjects  in  America,  as  well  as  Eu- 
i*ope)  that  his  said  majesty  of  Great  Britain  would  give 
a  commission  to  molest  and  endamage  the  subjects  of 
my  said  lords,  the  States  Genera],  especially  such,  a§ 
ever  since  fifty,  forty,  and  the  latest  thirty-six  years, 
have  quietly  enjoyed  their  lands,  countries,  forts,  and 
inheritances ;  and  less,  that  his  subjects  would  attempt 
any  acts  of  hostility,  or  violence  against  them  :  and  in 
case  that  you  will  act  by  force  of  arms,  we  protest  and 
declare,  in  the  name  of  our  said  lords,  the  States  Gen- 
eral, before  GOD  and  men,  that  you  will  act  an  unjust 
violence,  and  a  breach  of  the  articles  of  peace,  so 
solemnly  sworn,  agr^d  upon,  and  ratified  by  hi^  rn^^ 

6 


42 


History  of  New-York. 


iy  of  England,  and  my  lords,  the  Slates  General,  and 
the  rather,  for  that  to  prevent  the  shedding  of  blood, 
in  the  month  of  Fel)ruary  last,  we  treated  with  Captain 
John  Scott,  (who  reported  he  had  a  commission  from 
his  said  majesty)  touching  the  lin^its  of  Long  Island, 
and  concluded  for  the  space  of  a  year ;  that  in  the  mean 
time,  the  business  might  be  treated  on  between  the  king 
of  Great  Britain,  and  my  lords,  the  high  and  mighty 
States  General :  and  again,  at  present,  for  the  hindrance 
and  prevention  of  all  differences,  and  the  spilling  of 
innocent  blood,  not  only  in  these  parts,  but  also  in 
Europe,  we  offer  unto  you,  a  treaty  by  our  deputies 
Mr.  Cornelius  Van  Ruyven,  secretary,  and  receiver  of 
New-Holland,  Cornelius  Steenwyck,  burgomaster,  Mr, 
Samuel  Megapolensis,  doctor  of  physic,  and  Mr.  James 
Cousseau,  heretofore  sheriff.  As  touching  the  threats 
in  your  conclusion  we  have  nothing  to  answer,  only 
that  we  fear  nothings  but  what  God  (who  is  as  just 
as  merciful)  shall  lay  upon  us  ;  all  things  being  in  his 
gracious  disposal,  and  we  may  as  well  be  preserved  by 
him,  with  small  forces,  as  by  a  great  army^  which  makes 
us  to  wish  you  all  happiness  and  prosperity,  and  re- 
commend you  to  his  protection.  My  lords,  your  thrice 
humble,  and  affectionate  servant  and  friend,  signed,  P. 
Stuyvesant. — At  the  fort  at  Amsterdam,  the  second 
of  September,  new  style,  1664." 

While  the  Dutch  governour  and  council  were  contend- 
ing with  the  burgomasters  and  people  in  the  city,  the 
English  commissioners  published  a  proclamation^^  in 

It  was  in  these  words  :  "  Forasmucli  as  his  majesty  hath  sent  us 
by  commissiou  under  the  great  seal  of  England,  amongst  other  things, 
Co  expel,  or  to  reduce  to  liis  majesty's  obedience,  all  such  foreigners, 


History  of  Nerv-YorJc. 


4^ 


the  country,  encouraging  the  inhabitants  to  submit,  and 
promising  them  the  king's  protection  and  all  the  privi- 
leges of  subjects  ;  and  as  soon  as  they  discovered  by 
Stuy  vesant's  letter,  that  he  was  averse  to  the  surrender, 
officers  were  sent  to  beat  up  for  volunteers  in  Middle- 
borough,  Ulissen,  Jamaica,  and  Hempsted.  A  Avarrant 
was  also  issued  to  Hugh  Hide,  who  commanded  the 
squadron,  to  prosecute  the  reduction  of  the  fort  ;  and 
an  English  ship  then  trading  here,  was  pressed  intp  the 
service.  These  preparations  induced  Stuyvesant  to 
write  another  letter,  on  the  25th  of  August,  old  style, 
wherein,  though  he  declares  that  he  would  stand  the 
storm,  yet  to  prevent  the  spilling  of  blood,  he  had  sent 
John  De  Decker,  counsellor  of  state,  Cornelius  Van 
Ruyven,  secretary  and  receiver,  Cornelius  Steenwyck, 
major,  and  James  Cousseau,  sheriiF,  to  consult,  if  possi- 
ble, an  accommodation.  Nicolls,  who  knew  the  dispo- 
sition of  the  people,  answered  immediately  from  Gravesr 
end,  that  he  would  treat  about  nothing  but  a  surrender. 
The  Dutch  governour,  the  next  day,  agreed  to  a  treaty 

as  without  his  m8jesty''s  leave  and  censent,  have  seated  themselves 
amongst  any  of  his  dominions  in  America,  to  the  prejudice  of  his  ma- 
jesty's subjects,  and  diminution  of  his  royal  dignity ;  we  his  said  ma- 
jesty's commissioners,  do  declare  and  promise,  that  whosoever,  of 
what  nation  soever,  will,  upon  knowledge  of  this  proclamation,  acknow- 
ledge and  testify  themselves,  to  submit  to  this  his  majesty's  government, 
as  his  good  subjects,  shall  be  protected  in  liis  majesty's  laws  and  jus- 
tice, and  peaceably  enjoy  whatsoever  God's  blessing,  and  their  owa 
honest  industry,  have  furnished  them  with  ;  and  all  other  privileges, 
with  his  majesty's  English  subjects.  We  have  caused  this  to  be  pub- 
lished, that  we  might  prevent  all  inconveniencies  to  others,  if  it  were 
possible ;  however,  to  clear  ourselves  from  the  charge  of  all  those  mise- 
ries, that  may  any  way  befall  such  as  live  here,  and  will  [not]  acknow- 
ledge his  majesty  for  their  sovereign,  whom  God  preserveo" 


44 


History  oj  New- York. 


and  surrender,  on  condition  the  English  and  Dutch  lime 
its  in  America,  were  settled  by  the  crown  and  the 
States  General.  The  English  deputies  were  Sir  Robert 
Carr,  George  Carteret,  John  Winthrop,  governour  of 
Connecticut,  Samuel  Wyllys,  one  of  the  assistants  or 
council  of  that  colony,  and  Thomas  Clarke,  aqd  John 
Pynchon,  commissioners  from  the  general  court  of  the 
Massachusetts-  bay,  who,  but  a  little  before,  brought  an 
aid  from  that  province.  What  these  persons  agreed 
upon,  Nicolls  promised  to  ratify.  At  eight  o'clock  in 
the  morning,  of  the  27th  of  August,  1664,  the  commis- 
leioners,  on  both  sides,  met  at  the  governour's  farm,  and 
there  signed  the  following  articles  of  capitulation. 

These  articles  following  were  consented  to  by  the 
persons  here  under  subscribed,  at  the  governour's  boAV- 
ery,  August  the  27th,  old  style,  1664, 

I.  "  We  consent,  that  the  States  General,  or  the 
West-India  company,  shall  freely  enjoy  all  farms  and 
houses  (except  such  as  are  in  the  forts)  and  that  within 
six  months,  they  shall  have  free  liberty  to  transport  all 
such  arms  and  ammunition,  as  now  does  belong  to 
them,  or  else  they  shall  be  paid  for  them. 

II.  "  All  publick  houses  shall  continue  for  the  uses 
which  they  are  for. 

III.  "  All  people  shall  still  continue  free  denizens, 
and  shall  enjoy  their  lands,  houses,  goods,  wheresoever 
they  are  within  this  country,  and  dispose  of  them  as 
they  please. 

lY.  "  If  any  inhabitant  have  a  mind  to  remove  him- 
self, he  shall  have  a  year  and  six  weeks  from  this  day, 
to  remove  himself,  wife,  children,  servants,  goodsj,  and 
to  dispose  of  his  lands  here. 


History  of  New-Yorh  4§ 

« 

T.  "  If  any  officer  of  state,  or  publick  minister  of 
state,  have  a  mind  to  go  for  England,  they  shall  be 
transported  fraught  free,  in  his  majesty's  frigates,  when 
these  frigates  shall  return  thither. 

VI.  "  It  is  consented  to,  that  any  people  may  freely 
eome  from  the  JNfetherlands,  and  plant  in  this  colony, 
and  that  Dutch  vessels  may  freely  come  hither,  and  any 
of  the  Dutch  may  freely  retm  n  home,  or  send  any  soil 
of  merchandize  home,  in  vessels  of  their  own  country. 

VII.  "  All  ships  from  the  Netherlands,  or  any  other 
place,  and  goods  therein,  shall  be  received  here,  and 
sent  hence,  after  4he  manner  which  formerly  they  w^ere 
before  our  coming  hither,  for  six  months  next  ensuing. 

VIIL  "  The  Dutch  here  shall  enjoy  the  liberty  of 
their  consciences  in  diving  worship  and  church  disci^ 
pline. 

IX.  "  No  Dutchman  here,  or  Dutch  ship  here,  shall 
ypon  any  occasion,  be  pressed  to  serve  in  war  against 
any  nation  whatsoever, 

X.  "  That  the  townsmen  of  the  Manhattans,  shall  not 
have  any  soldiers  quartered  upon  them,  without  be- 
ing satisfied  and  paid  for  theni  by  their  officers,  and 
that  at  this  present,  if  the  fort  be  not  capable  of  lodg- 
ing all  the  soldiers,  then  the  burgomasters,  by  their  offi- 
cers, shall  appoint  some  houses  capable  to  receive  them. 

XI.  "  The  Dutch  here  shall  enjoy  their  own  customs 
concerning  their  inheritances. 

XII.  "  All  publick  writings  and  records,  which  con- 
cern the  inheritances  of  any  people,  or  the  reglement  of 
the  church  or  poor,  or  orphans,  shall  be  carefully  kept 
by  those  in  whose  hands  now  they  are,  and  such  writ- 
ings as  particularly  concern  the  States  General,  may  at 
^n^  time  be  ^ent  to  then*; 


46  History  of  NerV-York, 

m 

XIII.  "  No  judgment  that  has  passed  any  judicature 
here,  shall  be  called  in  question,  but  if  any  conceive 
that  he  hath  not  had  justice  done  him,  if  he  apply  him- 
self to  the  States  General,  the  other  party  shall  be  bound 
to  answer  for  the  supposed  injury. 

XIV.  "  If  any  Dutch,  living  here,  shall  at  any  time 
desire  to  travel  or  traffick  into  England,  or  any  place, 
or  plantation,  ia  obedience  to  his  majesty  of  England, 
or  with  the  Indians,  he  shall  have  (upon  his  request  to 
the  governour)  a  certificate  that  he  is  a  free  denizen  of 
this  place,  and  liberty  to  do  so. 

XV.  "  If  it  do  appear,  that  there*  is  a  publick  en- 
gagement of  debt,  by  the  town  of  Manhattoes,  and  a 
way  agreed  upon  for  the  satisfying  that  engagement,  it 
is  agreed,  that  the  same  way  proposed  shall  go  on,  and 
that  the  engagement  shall  be  satisfied. 

XVI.  "  All  inferior  civil  officers  and  magistrates, 
shall  continue  as  now  they  are,  (if  they  please)  till  the 
customary  time  of  new  elections,  and  then  new  ones  to 
be  chosen  by  tliemselves,  provided  that  such  new  cho- 
sen magistrates  shall  take  the  oath  of  allegiance  to 
his  majesty  of  England,  before  they  enter  upon  their 
office. 

XVII.  "  All  differences  of  contracts  and  bargains 
made  before  this  day,  by  any  in  this  country,  shall  be 
determined,  according  to  the  manner  of  the  Dutch. 

XVIII.  "  If  it  do  appear,  that  the  West-India  com- 
pany of  Amsterdam,  do  really  owe  any  sums  of  money 
to  any  persons  here,  it  is  agreed  that  recognition,  and 
other  duties  payable  by  ships  going  for  the  Netherlands^ 
be  continued  for  six  months  longer. 


History  of  New-  York. 


47 


XIX.  "  The  officers  military,  and  soldiers,  shall 
march  out  with  their  arms,  drums  beating,  and  colours 
flying,  and  lighted  matches  ;  and  if  any  of  them  will 
plant,  they  shall  have  fifty  acres  of  land  set  out  for 
them  ;  if  any  of  them  will  serve  as  servants,  they  shall 
continue  with  all  safety,  and  become  free  denizens 
afterwards. 

XX.  "  If  at  any  time  hereafter,  the  king  of  Great 
Britain,  and  the  States  of  the  Netherlands  do  agree  that 
this  place  and  country  be  redelivered  into  the  hands  of 
the  said  States,  whensoever  his  majesty  will  send  his 
commands  to  redeliver  it,  it  shall  immediately  be  done. 

XXL  "  That  the  town  of  Manhattans  shall  choose 
deputies,  and  those  deputies  shall  have  free  voices  in 
all  publick  affairs,  as  much  as  any  other  deputies. 

XXII.  "  Those  who  have  any  property  in  any  houses 
in  the  fort  of  Aurania,  shall  (if  they  please)  slight  the 
fortifications  there,  and  then  enjoy  all  their  houses,  as 
all  people  do  where  there  is  no  fort. 

XXIII.  "  If  there  be  any  soldiers  that  will  go  into 
Holland,  and  if  the  company  of  West-India  in  Amster- 
dam^ or  any  private  persons  here,  will  transport  them 
into  Holland,  then  they  shall  have  a  safe  passport  from 
Colonel  Richard  NicoUs,  deputy  governour  under  his 
royal  highness,  and  the  other  commissioners,  to  defend 
the  ships  that  shall  transport  such  soldiers,  and  all  the 
goods  in  them,  from  any  surprizal  or  acts  of  hostility, 
to  l>e  done  by  any  of  his  majesty's  ships  or  subjects. 
That  the  copies  of  the  king's  grant  to  his  royal  high- 
ness, and  the  copy  of  his  royal  highness'  commission 
to  Colonel  Richard  Nicolls,  testified  by  two  commis- 
sioners more,  and  Mr.  Winthrop,  to  be  true  copies,  shall 
be  delivered  to  the  honourable  Mr.  Stuyvesant^  the 


48 


History  of  New-  York. 


present  goveriiour^  on  Monday  next  by  eight  of  the  clocl^ 
in  the  morning,  at  the  Old  Miln,  and  these  articles  con- 
sented to,  and  signed  by  Colonel  Richard  Kicolls,  de- 
puty governour  to  his  royal  highness,  and  that  within  two 
hours  after  the  fort  and  town  called  New- Amsterdam, 
upon  the  isle  of  Manhattoes,  shall  be  delivered  into  the 
hands  of  the  said  Colonel  Richard  Nicolls  by  the  service 
of  such  as  shall  be  by  him  tiiereunto  deputed^  by  his 
hand  and  seal. 

"  John  De  Decker,  Nich-  Verleett,  Sam.  Megapolen-^ 
sis,  Cornelius  Steenwyck,  OlofTe  Stevens  Van  Kortlant, 
James  Cousseau,  Robert  Carr,  Geo*  Carteret,  Johji 
Winthrop,  Sam*  Willys,  Thomas  Clarke,  John  Pyn- 
chon* 

I  do  consent  to  these  articled, 

Richard  NicollsJ^^ 

These  articles,  favourable  as  they  were  to  the  inha- 
bitants, were  however  very  disagreeable  to  the  Dutch 
governour ;  and  he  therefore  refused  to  ratify  them,  till 
two  days  after  they  were  signed  by  the  commissioners. 

The  town  of  New^Amsterdam,  upon  the  reduction  of 
the  island  Manhattans,  took  the  name  of  New-York.^ 
It  consisted  of  several  smalJ  streets,  laid  out  in  the  year 
1656,  and  was  not  inconsiderable  for  the  number  of  its 
houses  and  inhabitants.  The  easy  terms  of  the  capitu- 
lation, promised  their  peaceable  subjection  to  the  new 
government ;  and  hence  we  find,  that  in  two  days  after 
the  surrender,  the  Boston  aid  was  dismissed,  with  the 
thanks  of  the  commissioners  to  the  general  court.  Hud-* 
son's  and  the  South  River  vrere,  however,  still  to  be 
reduced.   Sir  Robert  Carr  comm.anded  the  expedition 


^  Vide  conclusion  of  this  yolimei 


%  History  of  New-  York.  49 

on  Delaware,  and  Carteret  was  commissioned  to  sub- 
due the  Dutch  at  Fort  Orange.  The  garrison  capitu- 
lated on  the  24th  of  September,  and  he  called  it  Alba- 
ny, in  honour  of  the  duke.  While  Carteret  was  here, 
he  had  an  interview  with  the  Indians  of  the  Five  Na- 
tions, and  entered  into  a  league  of  friendship  with 
them,  which  remarkably  continues  to  this  day.^  Sir 
Kobert  Carr  was  equally  successful  on  South  River, 
for  he  compelled  both  the  Dutch  and  Swedes  to  capi- 
tulate and  deliver  up  their  garrisons  the  first  of  Octo- 
ber, 1664  ;  and  that  was  the  day  in  which  the  whole 
New- Netherlands  became  subject  to  the  English  crown. 
Very  few  of  the  inhabitants  thought  proper  to  re- 
move out  of  the  country.  Governour  Stuyvesant 
himself,  held  his  estate,  and  died  here.  His  remains 
were  interred  in  a  chapel,  which  he  had  erected  on 
his  own  farm,  at  a  small  distance  from  the  city,  now 
possessed  by  his  grandson,  Gerardus  Stuyvesant,  a 
man  of  probity,  who  has  been  elected  into  the  ma- 
gistracy, above  thirty  years  successively.  Justice 
obliges  me  to  declare,  that  for  loyalty  to  the  pre- 
sent reigning  family,  and  a  pure  attachment  to  the 
protestant  religion,  the  descendants  of  the  Dutch 
planters  are  perhaps  exceeded  by  none  of  his  ma- 
jesty's subjects. 

*  The  Dutch  were  sensible  of  the  importance  of  preserving  an  unin- 
terrupted amity  with  those  Indians,  for  they  were  both  very  numerous 
and  warlike.  The  French  pursued  quite  different  measures,  and  the 
irruptions  of  those  tribes,  according  to  their  own  authors,  have  often 
reduced  Canada  to  the  brink  of  ruin. 

7 


ft 


HISTORY  OF  NEW-YORK- 


PART  11. 

From  the  Surrender  in  1661,  to  the  Settlement  at  the 

Revolution. 

RiCHAKD  NICOLLS  being  now  possessed  of  the 
coiniitty,  took  the  government  upon  hiin,  under  the 
style  8f  "  deputy  governour  under  his  royal  highness 
the  duke  of  York,  of  all  his  territories  in  America." 
Dinging  his  short  continuance  here,  he  passed  a  vast 
number  of  grants  and  confirmations  of  the  ancient 
Dutch  patents,  the  profits  of  which  must  have  been  ve- 
ry considerable.  Among  these,  no  one  has  occasioned 
more  animated  contention,  than  that  called  the  Eliza- 
bethtown  grant,  in  New- Jersey  ;  which,  as  it  relates  to 
another  colony,  I  should  not  have  mentioned,  but  for 
the  opportunity  to  caution  the  reader  against  a  repre- 
sentation of  that  controversy  contained  in  Douglass' 
summary.  I  have  sufficient  reasons  to  justify  my  charg- 
ing that  account  with  partiality  and  mistakes  ;  and  for 
proofs,  refer  to  the  printed  answer  in  chancery,  publish- 
ed in  the  year  1751. 

Besides  the  chief  command  of  tbis  province,  Nicolls 
had  a  joint  power  ^  with  Sir  Robert  Carr,  Carteret,  and 

*  The  commission  from  king  Charles  II.  was  dated  the  26th  of 
April,  1664.    After  a  recital  of  disputes  coaceriiing  limits  in  New- 


History  of  New-York. 


Maverick,  to  settle  the  contested  boundaries  of  certain 
great  patents.  Hence  we  find,  that  three  of  them  had  a 
conference  with  several  gentlemen  from  Connecticut, 
respecting  the  limits  of  this  and  that  colony.  The  re- 
mit was  an  adjudication,  in  these  words  : 

"  By  virtue  of  his  majesty's  commission,  we  have 
heard  the  difference,  about  the  bounds  of  the  patents 
granted  to  his  royal  highness  the  duke  of  York,  and  his 
majesty's  colony  of  Connecticut,  and  having  deliberate- 
ly considered  all  the  reasons  alledged  by  Mr.  Allen, 
sen.  Mr.  Gold,  Mr.  Richards,  and  Captain  Winthrop,  ap- 
pointed by  the  assembly  held  at  Hartford,  the  thirteenth 
of  October,  1664,  to  accompany  John  AVinthrop,  Ekq  ; 
the  governour  of  his  majesty's  colony  of  Connecticut  to 
New-York,  and  to  agree  upon  the  bounds  of  the  said 
colony,  why  the  said  Long  Island  should  be  under  the 
government  of  Connecticut,  Avhich  are  too  long  here  to 
be  recited,  we  do  declare  and  order,  that  the  southern 
bounds  of  his  majesty's  colony  of  Connecticut,  is  the 
sea,  and  that  Long  Island  is  to  be  under  the  govern- 
ment of  his  royal  highness  the  duke  of  York,  as  is  ex- 
pressed by  plain  words,  in  the  said  patents,  respectively, 
and  also  by  virtue  of  his  majesty's  commission,  and  the 
consent  of  both  the  governours  and  the  gentlemen  above- 
tiamed.  We  also  order  and  declare,  that  the  creek,  or 
river  called  Mamaroneck,  which  is  reputed  to  be  about 
thirteen  miles  to  the  east  of  Westchester,  and  a  line 

England,  and  that  addresses  had  been  sent  home  from  the  Indian  na- 
tives, complaining  of  abuses  received  from  the  English  subjects ;  the 
commissioners,  or  any  three  or  two  of  them,  of  which  NicoUs  w  as  to 
be  one,  were  authorised  to  visit  the  New-England  colonies,  and  deter- 
mine all  complaints  military,  civil  and  criminal,  according  to  their  dis- 
cretion, and  such  instructions  as  they  might  receive  from  the  crown. 


History  of  New-York. 


53 


drawn  from  the  east  point  or  side,  where  the  fresh  wa- 
ter falls  into  the  salt,  at  high  water  mark,  north  north- 
west to  the  line  of  the  Massachusetts,  be  the  western 
bounds  of  the  said  colony  of  Connecticut,  and  all  plan- 
tations lying  westward  of  that  creek  and  line  so  drawn, 
to  be  under  his  royal  highness'  goTernment ;  and  all 
plantations  lying  eastward  of  that  creek  and  line,  to  be 
under  the  government  of  Connecticut.  Given  under 
our  hands,  at  James'  fort  in  New- York,  on  the  island 
of  Maniiattan,  this  first  day  of  December,  1664. 

Richard  Nicolls, 
George  Carteret, 
S.  Maverick." 
"  We  the  governour  and  commissioners  of  the  gen- 
eral assembly  of  Connecticut,  do  give  our  consent  to 
the  limits  and  bounds  abovementioned,  as  witness  our 
hands, 

 Gold, 

John  Winthrop,  jun. 
John  Winthrop,  sen. 
Allen,  sen. 
Richards.'' 

At  the  time  of  this  determination,  about  two  thirds 
of  Long  Island  were  possessed  by  people  from  New- 
England,  who  had  gradually  encroached  upon  the 
Dutch.  As  to  the  settlement  between  New^-York  and 
Connecticut,  on  the  main,  it  has  always  been  considered 
by  the  former,  as  founded  upon  ignorance  and  fraud.^ 
The  station  at  Mamaroneck  was  about  thirty  miles 
from  New- York,  from  Albany  one  hundred  and  fifty. 

*  The  town  of  Rye  was  settled  under  Connecticut,  and  the  grant 
from  that  colony  is  bounded  by  this  line  of  division. 


54 


History  of  Netv-Tork. 


The  general  course  of  the  river  is  about  north  12  or  15* 
east :  and  hence  it  is  evident,  that  a  north  north-west 
line  will  soon  intersect  the  river,  and  consequently 
leave  the  Dutch  country,  but  a  little  before  surrender- 
ed to  Colonel  Carteret,  out  of  the  province  of  New- 
York.  It  has  been  generally  esteemed  that  the  Con- 
necticut commissioners  in  this  affair,  took  advantage  of 
the  duke^s  agents,  who  we^re  ignorant  of  the  geography 
of  the  country. 

About  the  close  of  the  year,  the  estate  of  the  West- 
India  company  was  seized  and  confiscated,  hostilities 
being  actually  commenced  in  Europe  as  well  as  Ame- 
rica, though  no  declarations  of  war  had  yet  been  pub- 
lished by  either  of  the  contending  parties.  A  great 
dispute  between  the  inhabitants  of  Jamaica  on  Long 
Island,  which  was  adjusted  by  Colonel  Nicolls,  on  the 
second  of  January,  1665,  gave  rise  to  a  salutary  insti- 
tution, which  has  in  part  obtained  ever  since.  The 
controversy  respected  Indian  deeds,  and  thenceforth  it 
was  ordained,  that  no  purchase  from  the  Indians,  with-^ 
out  the  governour's  licence,  executed  in  his  presence, 
should  be  valid.  The  strength  and  number  of  the  na- 
tives rendered  it  necessary  to  purchase  their  rights  ; 
and  to  prevent  their  frequent  selling  the  same  tract,  it 
was  expedient  that  the  bargain  should  be  attended  with 
some  considerable  solemnity. 

Another  instance  of  Colonel  Nicolls"  prudence,  was 
his  gradual  introduction  of  the  English  methods  of  go- 
vernment. It  was  not  till  the  12th  of  June,  this  year, 
that  he  incorporated  the  inhabitants  of  New- York,  un- 
der the  care  of  a  mayor,  five  aldermen,  and  a  sheriff! 
Till  this  time,  the  city  was  ruled  by  a  scout,  burgo- 
masters, and  schepens. 


History  of  NenhYork. 


53 


ill  March  preceding,  there  was  a  great  convention, 
before  the  governour  at  Heinpsted,  of  two  deputies 
from  every  town  on  Long  Island,  empowered  to  bind 
their  constituents.  The  design  of  their  meeting  was  to 
adjust  the  limits  of  their  townships  for  the  preservation 
of  the  publick  peace. 

The  war  being  proclaimed  at  London,  on  the  fourth 
of  this  month,  Nicolls  received  the  account  of  it  in 
June,  with  a  letter  from  the  lord  chancellor,  informing 
him,  that  De  Ruyter,  the  Dutch  admiral^  had  orders  to 
visit  New- York*  His  lordship  was  misinformed,  or  the 
admiral  was  diverted  from  the  enterprize,  for  the  Eng- 
lish peaceably  held  the  possession  of  the  country  dur- 
ing the  whole  war,  which  was  concluded  on  the  21st  of 
July^  1667,  by  the  treaty  of  Breda.  Some  are  of  opin- 
ion^ that  the  exchange  made  with  the  Dutch  for  Surri- 
nam,  which  they  had  taken  from  us,  was  advantageous 
to  the  nation  ;  but  these  judges  do  not  consider  that  it 
would  have  been  impossible  for  the  Dutch  to  have  pre- 
served  this  colony  against  the  increasing  strength  of  the 
people  in  New-England,  Maryland,  and  Virginia, 

After  an  administration  of  three  years,  Nicolls  re- 
turned to  England.  The  time  during  his  short  resi- 
dence here,  was  almost  wholly  taken  up  in  confirming 
the  ancient  Dutch  grants.  He  erected  no  courts  of 
justice,  but  took  upon  himself  the  sole  decision  of  all 
controversies  whatsoever.  Complaints  came  before  him 
by  petition  ;  upon  which  he  gave  a  day  to  the  parties^ 
and  after  a  summary  hearing,  pronounced  judgmente 
HLs  determinations  were  called  edicts,  and  executed  by 
the  sheriffs  he  had  appointed.  It  is  much  to  his  honour^ 
that  notwithstanding  all  this  plenitude  of  power,  he  gov- 
erned the  province  with  integrity  and  moderation.  A 


History  of  New-York. 


representation  from  the  inhabitants  of  Long  Island,  to 
the  general  court  of  Connecticut,  made  about  the  time 
of  the  revolution,  commends  him  as  a  man  of  an  easy 
and  benevolent  disposition  ;  and  this  testimonial  is  tlie 
more  to  be  relied  upon,  because  the  design  of  the  wri- 
ters, was  by  a  detail  of  their  grievances,  to  induce  the 
colony  of  Connecticut  to  take  them  under  its  immedi- 
ate protection. 

Francis  Lovelace,  a  colonel,  was  appointed  by  the 
duke,  to  succeed  Nicolls  in  the  government  of  the  pro- 
vince, which  he  began  to  exercise  in  May,  1667.  As  lie 
was  a  man  of  great  moderation,  the  people  lived  very 
paceably  under  him,  till  the  re-surrender  of  the  colony, 
which  put  an  end  to  his  power,  and  is  the  only  event, 
that  signalized  his  administration. 

The  ambitious  designs  of  Louis  XIY.  against  the 
Dutch,  gave  rise  to  our  war  with  the  States  General  in 
1672.  Charles  IL  a  prince  sunk  in  pleasures,  profligate, 
and  poor,  was  easily  detached  from  his  alliance  with  the 
Dutch,  by  the  intrigues^  and  pecuniary  promises  of  the 
French  king.  The  following  passage  from  a  fine  wri- 
ter^, shews  that  his  pretences  for  entering  into  the  war, 
were  perfectly  groundless  and  trifling. 

"  The  king  of  England,  on  his  side,  reproached  them 
with  disrespect,  in  not  directing  their  fleet  to  lower  the 
flag  before  an  English  ship  ;  and  they  were  also  accu- 
sed in  regard  to  a  certain  picture,  wherein  Cornelius  De 
Witt,  brother  to  the  pensionary,  was  painted  with  the 
attributes  of  a  conqueror.  Ships  w  ere  represented  in 
the  back  ground  of  the  piece,  either  taken  or  burnt. 
Cornelius  De  Witt,  who  had  really  had  a  great  share  in 

^  Voltaire's  age  of  Lewis  XIV. 


History  of  New- York. 


57 


the  maritime  exploits  against  England,  had  permitted 
this  trifling  memorial  of  his  glory :  but  the  picture, 
which  was  in  a  manner  unknown,  was  deposited  in  a 
chamber  wherein  scarce  any  body  ever  entered.  The 
English  ministers,  who  presented  the  complaints  of  their 
king  against  Holland,  in  writing,  therein  mentioned  cer- 
tain abusive  pictures.  The  states,  who  always  translat- 
ed the  memorials  of  ambassadours  into  French,  having 
rendered  ahusivey  by  the  words  fcmtifs  trompeurSy  they 
replied,  that  they  did  not  know  what  these  roguish  pie- 
turcSy  (ces  tableaux  trompeurs)  were.  In  reality,  it 
never  in  the  least  entered  into  their  thoughts,  that  it 
concerned  this  portrait  of  one  of  their  citizens,  nor  did 
they  ever  conceive  this  could  be  a  pretence  for  declar- 


ing war." 


A  few  Dutch  ships  arrived  the  year  afier  on  the  30th 
of  July,  under  Staten  Island,  at  the  distance  of  a  few 
miles  from  the  city  of  New- York.  John  Manning,  a 
captain  of  an  independent  company,  had  at  that  time 
the  command  of  the  fort,  and  by  a  messenger  sent  down 
to  the  squadron,  treacherously  made  his  peace  with 
the  enemy.  On  that  very  day  the  Dutch  ships  came 
up,  moored  under  the  fort,  landed  their  men,  and  en-' 
tered  the  garrison,  without  giving  or  receiving  a  shot, 
A  council  of  war  was  afterwards  held  at  the  stadt  house, 
at  which  were  present 

Cornelius  Evertse,  jun.  )  Commodores, 
Jacob  Benkes,  } 
Anthony  Colve,  \ 
Nicholas  Bowes,  /  Captains. 

Abm.  Ferd.  Yan  Zyll,  ) 

All  the  magistrates  and  constables  from  East  Jersey,. 
hong  Island,  Esopus,  and  Albany,  were  immediately 

8 


58  History  of  New- York. 


summoned  to  New- York  ;  and  the  major  part  of  tlieni 
swore  allegiance  to  the  States  General,  and  the  prince? 
of  Orange.  Colonel  Lovelace  was  ordered  to  depart 
the  province,  but  afterwards  obtained  leave  to  return 
to  England  with  Commodore  Benkes.  It  has  often 
been  insisted  on,  that  this  conquest  did  not  extend  to 
the  whole  province  of  New- Jersey;  but  upon  what 
foundation  1  cannot  discover.  From  the  Dutch  records 
it  appears,  that  deputies  w  ere  sent  by  the  people  inha- 
biting the  country,  even  so  far  westward  as  Delaware 
River,  w^ho  in  the  name  of  their  principals,  made  a  de- 
claration of  their  submission  ;  in  return  for  which,  cer- 
tain privileges  were  granted  to  them,  and  three  judica- 
tories erected  at  Niewer  Amstel,  Upland,  and  Hoer 
Kill.  Colve's  commission  to  be  governour  of  this  coun- 
try is  w^orth  printing,  because  it  shews  the  extent  of  the 
Dutch  claims.    The  translation  runs  thus  : 

"  The  honourable  and  awful  council  of  war,  for  their 
high  mightinesses  the  States  General  of  the  United 
Netherlands,  and  his  serene  highness  the  prince  of 
Orange,  over  a  squadron  of  ships,  now  at  anchor  in 
Hudson's  River,  in  New-Netherlands.  To  all  those 
who  shall  see  or  hear  these,  greeting.  As  it  is  necessa- 
ry to  appoint  a  fit  and  able  person,  to  carry  the  chief 
command  over  this  conquest  of  New-Netherlands,  with 
all  its  appendencies  and  dependencies,  from  Cape  Hiu- 
lopen  on  the  south  side  of  the  South  or  Delaware  bay, 
and  fifteen  miles  more  southerly,  with  the  said  bay  and 
South  River  included  ;  so  as  they  were  formerly  pos- 
sessed by  the  directors  of  the  city  of  Amsterdam,  and 
after  by  the  English  government,  in  the  name  and 
right  of  the  duke  of  York  ;  and  further  from  the  said 
<jape  Hinlopen,  along  the  Great  Ocean,  to  the  east  end 


Jlistory  of  New- York. 


59 


of  Long  Island,  and  Shelter  Island  ;  from  thence  west- 
ward to  the  middle  of  the  Sound,  to  a  town  called 
Greenwich,  on  the  main,  and  to  run  landward  in,  north- 
erly ;  provided  that  such  line  shall  not  come  within  ten 
miles  of  North  River,  conformable  to  a  provincial  trea- 
try  made  in  1650,  and  ratified  by  the  States  General, 
February  23,  1656,  and  January  23,  1664  ;  with  all 
lands,  islands,  rivers,  lakes,  kills,  creeks,  fresh  and  salt 
waters,  fortresses,  cities,  towns,  and  plantations  therein 
comprehended.  So  it  is,  that  we  being  sufficiently  as- 
sured of  the  capacity  of  Anthony  Colve,  captain  of  a 
company  of  foot,  in  the  service  of  their  high  mightiness- 
es, the  States  General  of  the  United  Netherlands,  and 
his  serene  highness  the  prince  of  Orange,  &c.  By  vir* 
tue  of  our  commission,  granted  us  by  their  before  men-- 
tioned  high  mightinesses  and  his  highness,  have  appoint- 
ed and  qualified,  as  we  do  by  these  presents  appoint 
and  qualify,  the  said  Captain  Anthony  Colve,  to  govern 
and  rule  these  lands,  with  the  appendencies  and  depen- 
dencies thereof,  as  governour  general ;  to  protect  them 
from  all  invasions  of  enemies,  as  he  shall  judge  most  ne- 
cessary ;  hereby  charging  all  high  and  low  officers,  jus- 
tices, and  magistrates,  and  others  in  authority,  soldiers, 
burghers,  and  all  the  inhabitants  of  this  land,  to  acknow* 
ledge,  honour,  respect  and  obey,  the  said  Anthony  Colve, 
as  governour  general ;  for  such  we  judge  necessary,  for 
the  service  of  the  country,  waiting  the  approbation  of 
our  principals.  Thus  done  at  fort  William  Hendrickj 
the  12th  day  of  August,  1673. 

"  Signed  by  Jacob  Benkes, 

Cornelius  Evertse,  jun." 
The  Dutch  governour  enjoyed  his  office  but  a  very 
short  season^,  for  on  the  9th  of  February,  1674,  the  trea^ 


60  History  of  New-York. 

ty  of  peace  between  England  and  the  States  Genera 
was  signed  at  Westminster  ;  the  sixth  article  of  which, 
restored  this  country  to  the  English.  The  terms  of  it 
were  generally,  "  That  whatsoever  countries,  islands, 
towns,  ports,  castles,  or  forts,  have  or  shall  be  taken  on 
both  sides,  since  the  time  that  the  late  unhappy  war 
broke  out,  either  in  Europe  or  elsewhere,  shall  be  res- 
tored to  the  former  lord  and  proprietor,  in  the  same  con- 
dition they  shall  be  in,  when  the  peace  itself  shall  be 
proclaimed  ;  after  which  time,  there  shall  be  no  spoil 
nor  plunder  of  the  inhabitants,  no  demolition  of  fortifi- 
cations, nor  carrying  away  of  guns,  powder  or  other 
military  stores,  which  belonged  to  any  castle  or  fort,  at 
the  time  when  it  was  taken." 

The  lenity  which  began  the  administration  of  Colonel 
Nicolls  w^a^  continued  under  Lovelace.  He  appears  to 
have  been  a  man,  rather  of  a  phlegmatic  than  an  enter- 
prising disposition,  always  pursuing  the  common  road, 
and  scarcely  ever  acting  without  the  aid  of  his  council. 
Instead  of  taking  upon  himself  the  sole  determination 
of  judicial  controversies,  after  the  example  of  his  prede- 
cessor, he  called  to  his  assistance  a  few  justices  of  the 
peace.  This,  which  was  called  the  court  of  assizes,^ 
was  the  principal  law  judicatory  in  those  times.  The 
legislative  power  under  the  duke,  w  as  vested  entirely  in 

*  This  was  a  court  both  of  law  and  equity,  for  the  trial  of  causes  of 
201.  and  upwards,  and  ordinarily  sat  but  once  a  year.  Subordinate  to 
this,  were  the  town  courts  and  sessions ;  the  former  took  cognizance  of 
actions  under  51.  and  the  latter,  of  suits  between  that  sum  and  201.  se- 
ven constables  and  overseers  were  judges  in  the  first,  and  in  the  last 
the  justices  of  the  peace,  with  a  jury  of  seven  men.  The  verdict  of 
the  majority  was  sufficient. 


lEslory  of  New- York. 


the  goveriioiir  and  council.  A  third  estate  might  then 
be  easily  dispensed  with,  for  the  charge  of  the  province 
was  ^  small,  and  in  a  great  measure  defrayed  by  his 
royal  highness,  the  proprietor  of  the  country. 

Upon  conclusion  of  the  peace  in  1674,  the  duke  of 
York,  to  remove  all  controversy  respecting  his  proper^ 
ty,  obtained  a  new  patent  f  from  the  king,  dated  the  29th 
of  June,  for  the  lands  granted  in  1664,  and  two  days 
after  commissioned  major,  afterwards  Sir  Edmond  An- 
dross,  to  be  governour  of  his  territories  in  America.  Af- 
ter the  resignation  of  this  province,  which  was  made  to 
him  by  the  Dutch  possessors,  on  the  31st  of  October 
following,  he  called  a  court  martial,  to  try  Manning  for 
his  treacherous  and  cowardly  surrender.  The  articles 
of  accusation  exhibited  against  him,  were  in  substance, 

^  The  manner  of  raising  publick  money,  was  establidied  by  Colonel 
Kicolls,  on  the  first  of  June,  1  665,  and  was  thus  :  The  high  sheriffis- 
sued  a  warrant  annually,  to  the  high  constables  of  every  district,  and 
they  sent  theirs  to  the  petty  constables  ;  who,  with  the  overseers  of 
each  town,  made  a  list  of  all  male  persons  above  sixteen  years  of 
age,  with  an  estimate  of  their  rent  and  personal  estates,  and  then 
taxed  them  according  to  certain  rates,  prescribed  by  a  law.  Af- 
ter the  assessment  was  returned  to  the  high  sheriff,  and  approved  by  the 
governour,  the  constables  received  warrants  for  levying  the  taxes  hj 
distress  and  sale. 

-j-  Some  are  of  opinion  that  the  second  patent  was  unnecessary,  the 
duke  being  revested  per  post  liminium.  This  matter  has  been  often 
disputed  in  the  ejectments  between  the  New- Jersey  proprietors  and 
the  Elizabethtown  patentees.  In  New- York  the  right  of  postliminy  was 
disregarded,  and  perhaps  unknown  ;  for  there  are  many  instances,  es- 
pecially on  Long  Island,  of  new  grants  from  Sir  Edmond  Andross,  for 
lands  patented  under  I^icolls  and  Lovelace, by  wliich  the  quitrents  have 
been  artfully  enlarged. 


62 


History  of  New-York. 


I.  That  the  said  Manning,  on  the  28th  of  July,  1673, 
having  notice  of  the  approach  of  the  enemy's  fleet,  did 
not  endeavour  to  put  the  garrison  in  a  posture  of  de- 
fence ;  but  on  the  contrary,  slighted  such  as  offered  their 
assistance. 

II.  That  while  the  fleet  was  at  anchor  under  Staten 
Island,  on  the  30th  of  July,  he  treacherously  sent  on 
board  to  treat  with  the  enemy,  to  the  great  discourage* 
ment  of  the  garrison. 

III.  That  he  suffered  the  fleet  to  moor  under  the 
fort,  forbidding  a  gun  to  be  fired  on  pain  of  death. 

ly.  That  he  permitted  the  enemy  to  land,  without 
the  least  opposition. 

V.  That  shortly  after  he  had  sent  persons  to  treat 
with  the  Dutch  commodores,  he  struck  his  flag,  even 
before  the  enemy  were  in  sight  of  the  garrison,  the  fort 
being  in  a  condition,  and  the  men  desirous,  to  fight. 

VI.  And  lastly,  that  he  treacherously  caused  the  fort 
gates  to  be  opened,  and  cowardly  and  basely  let  in  the 
enemy,  yielding  the  garrison  without  articles. 

This  scandalous  charge,  which  Manning  on  his  trial 
confessed  to  be  true,  is  less  surprising,  than  the  lenity 
of  the  sentence  pronounced  against  him.  It  was  this, 
that  though  he  deserved  death,  yet  because  he  had 
since  the  surrender  been  in  England,  and  seen  the  king 
and  the  duke,  it  was  adjudged  that  his  sword  should  be 
broke  over  his  head  in  publick,  before  the  city  hall, 
and  himself  rendered  incapable  of  wearing  a  sword,  and 
of  serving  his  majesty  for  the  future,  in  any  publick 
trust  in  the  government. 

This  light  censure,  is  however  no  proof  that  Sir  Ed- 
mond  was  a  man  of  a  merciful  disposition ;  the  histo- 
rians of  NeW'^England,  where  he  was  afterwards  gover- 


Histori/  of  New-Yorh 


aour,  jtistly  transmit  him  to  posterity,  under  the  odious 
character  of  a  sycophantick  tool  to  the  duke,  and  an 
arbitrary  tyrant  over  the  people  committed  to  his  care. 
He  knew  no  law,  but  the  will  of  his  master,  and  Kirk 
and  JefFeries  were  not  fitter  instruments  than  he  to  ex- 
ecute the  despotick  projects  of  James  II. 

In  the  year  1675^  Nicholas  Renslaer,  a  Dutch  cler- 
oyman,  arrived  here.  He  claimed  the  manor  of  Rens- 
laerwyck,  and  was  recommended  by  the  duke  to  Sir 
Edmond  Andross  for.  a  living  in  one  of  the  churches  at 
New- York  or  Albany,  probably  to  serve  the  popish 
cause.^  Niewenhyt,  minister  of  the  church  at  Albany, 
disputed  his  right  to  administer  the  sacraments,  because 
he  had  received  an  Episcopal  ordination,  and  was  not 
approved  by  the  classis  of  Amsterdam,  to  which  the 
Dutch  churches  here  hold  themselves  subordinate.  In 
this  controversy  the  governour  took  the  part  of  Rens- 
laer, and  accordingly  summoned  Niewenhyt  before 
him,  to  answer  for  his  conduct.  This  minister  was 
treated  with  such  singular  contempt,  and  so  frequently 
harrassed,  by  fruitless  and  expensive  attendances  before 
the  council,  that  the  dispute  became  interesting,  and 
the  greater  part  of  the  people  resented  the  usage  be 

*  Another  reason  is  assigned  for  the  favour  he  met  with  from  the 
crown.  It  is  said  that  while  Charles  II.  was  an  exile,  he  predicted 
the  day  of  his  restoration.  The  people  of  Albany  had  a  high  opinion  of 
his  prophetick  spirit,  and  many  strange  tales  about  him  still  prevail 
there.  The  parson  made  nothing  of  his  claim,  the  manor  being  after- 
wards granted,  by  Colonel  Dongan  to  Killian  Van  Renslaer,  a  dis= 
tant  relation.  This  extensive  tract,  by  the  Dutch  called  a  colony,  is 
an  oblong  extending  twenty-four  miles  upon  Hudson's  river,  and  as  ma- 
ny upon  each  side.  The  patent  of  confirmation  was  issued  by  special 
direction  from  the  king,  and  id  tlie  most  liberal  in  the  privileges  it  grants 
of  any  one  in  the  province. 


B4 


History  of  New- York. 


met  with.  Hence  we  find,  that  the  magistrates  of  Al- 
bany, soon  after  imprisoned  Renslaer,  for  several  dahi- 
oiis  words,  (as  they  are  called  in  the  record)  deliveied 
in  a  sermon.  The  governom%  on  tiie  other  hand,  or- 
dered him  to  be  released,  and  summoned  the  magis- 
trates to  attend  him  at  New- York.  Warrants  were 
then  issued  to  cojnpel  them  to  give  security  in  5000/. 
each,  to  make  out  good  cause  for  confining  the  minis- 
ter. Leisler,  who  was  one  of  them,  refused  to  comply 
with  the  warrant,  and  was  thrown  into  jail.  Sir  Ed- 
mond,  fearful  that  a  great  party  would  rise  up  against 
him,  was  at  last  compelled  to  discontinue  his  ecclesias- 
tical jurisdiction,  and  to  refer  the  controversy  to  the 
determination  of  the  consistory  of  the  Dutch  church  at 
Albany.  It  is  perhaps  not  improbable,  that  these  po- 
pish measures  sowed  the  seeds  of  that  aversion  to  the 
duke's  government,  which  afterwards  produced  those 
violent  convulsions  in  the  province  under  Leisler,  at 
the  time  of  the  revolution  in  favour  of  the  prince  of 
Orange. 

If  Sir  Edmond  Andross'  administration  at  New- York 
appears  to  be  less  exceptionable  than  while  he  com- 
manded at  Boston,  it  was  through  w^ant  of  more  oppor- 
tunities to  shew  himself  in  his  true  light.'  The  main 
course  of  his  publick  proceedings,  during  his  continu- 
ance in  the  province,  was  spent  in  the  ordinary  acts  of 
the  government,  which  then  principally  consisted  in 
passing  grants  to  the  :subject,  and  presiding  in  the  court 
of  assize,  established  by  Colonel  Lovelace.  The  pub- 
lick  exigencies  were  now  in  part  supplied  by  a  kind  of 
benevolence  ;  the  badge  of  bad  times  !  This  appears 
in  an  entry  on  the  records,  of  a  letter  of  May  the  5th., 
1676,  from  Governour  Andross,  to  several  towns  oji 


History  of  New-York. 


65 


Xong  Island,  desiring  to  know  what  sums  they  would 
contribute  tov/ards  the  war.  Near  the  close  of  his  ad- 
ministration he  thought  proper  to  quarrel  with  Philip 
Carteret,  who  in  1680,  exercised  the  government  of 
East  Jersey,  under  a  commission  from  Sir  George  Car- 
teret, dated  the  31st  of  July,  1675.  Andross  disputed 
his  right,  and  seized  and  brought  him  prisoner  to  New- 
York  ;  for  which  it  is  said  he  lost  his  own  government ; 
but  whoever  considers  that  Sir  Edmond  was  immedi- 
ately preferred  to  be  governour  of  Boston,  will  rather 
believe  that  the  duke  superseded  him  for  some  other 
reasons. 

Before  I  proceed  to  the  succeeding  administration, 
in  which  our  Indian  affairs  began  to  have  a  powerful 
influence  upon  the  publick  measures,  it  may  not  be 
improper  to  present  the  reader  with  a  summary  view  of 
the  history  and  character  of  the  Five  Nations.^  These, 
of  all  those  innumerable  tribes  of  savages,  which  inha- 
bit the  northern  part  of  America,  are  of  most  impor- 
tance to  us  and  the  French,  both  on  account  of  their 
vicinity  and  warlike  disposition.  Before  the  late  incor-^ 
poration  of  the  Tuscaroras,  a  people  driven  by  the  in- 
habitants of  Carolina  from  the  frontiers  of  Virginia,  they 
consisted  of  five  confederate  cantons.f  What  in  par-^ 
ticular  gave  rise  to  this  league,  and  when  it  took  place, 
are  questions  which  neither  the  natives,  nor  Europeans, 

^  By  the  Dutch  called  Maquaas,  by  the  French  Iroquois,  and  by  us^ 
Five  JNTations,  Six  Nations,  and  lately  the  Confederates.  They  are  great- 
ly diminished,  and  consist  now  only  of  about  twelve  hundred  fighting 
men. 

t  The*Tuscai*oi*as  were  received  upon  a  supposition  that  they  were 
originally  of  the  same  stock  with  the  Five  Nations,  because  there 
some  similitude  between  their  languages. 

.9 


66 


History  of  New-YorL 


pretend  to  answer.  Each  of  these  nations  is  divided 
into  three  families,  or  clans,  of  different  ranks,  bearing 
for  their  arms,  and  being  distinguished  by  the  names  of 
the  tortoise,  the  bear,  and  the  wolf.^ 

No  people  in  the  world  perhaps  have  higher  notions 
than  these  Indians  of  military  glory.  All  the  surround- 
ing nations  have  felt  the  effects  of  their  prowess  ;  and 
many  not  only  became  their  tributaries,  but  were  so 
subjugated  to  their  power,  that  without  their  consent, 
they  durst  not  commence  either  peace  or  war. 

Though  a  regular  police  for  the  preservation  of  har- 
mony within,  and  the  defence  of  the  state  against  inva- 
sions from  without,  is  not  to  be  expected  from  the  peo- 
ple of  whom  I  am  now  Avriting,  yet,  perhaps,  they  ha^  e 
paid  more  attention  to  it  than  is  generally  allowed. 
Their  government  is  suited  to  their  condition.  A  peo- 
ple whose  riches  consist  not  so  much  in  abundance,  as  in 
a  freedom  from  want ;  f  who  are  circumscribed  by  no 
boundaries,  who  live  by  hunting,  and  not  by  agriculture,  ^ 
must  always  be  free,  and  therefore  subject  to  no  other 
authority,  than  such  as  consists  with  the  liberty  necessa- 
rily arising  from  tlieir  circumstances.  All  their  affairs, 
whether  respecting  peace  or  war,  are  under  the  direc- 
tion of  their  sachems,  or  chief  men.  Great  exploits  and 
publick  virtue  procure  the  esteem  of  a  people,  and  qual- 
ify a  man  to  advise  in  council,  and  execute  the  plans  con- 
certed for  the  advantage  of  his  country  :  thus  whoever 

^  Their  instruments  of  conveyances  are  signed  by  signatures,  i\hich 
they  make  with  a  pen,  representing  these  animals. 

t  An  Indian,  in  answer  to  his  question,  What  the  white  peo}31e  meant 
by  covetousness  ?  was  told  by  another,  tliat  it  signified,  A  desire  of 
more  than  a  man  had  need  of.    That's  strange  I  said  the  querist. 


History  of  New-York.  67 


appears  to  the  Indians  in  this  advantageous  light,  com- 
mences a  sachem  without  any  other  ceremony. 

As  there  is  no  other  way  of  arriving  at  this  dignity,  so 
it  ceases,  unless  an  uniform  zeal  and  activity  for  the 
common  good,  is  uninterruptedly  continued.  Some 
have  thought  it  hereditary,  but  that  is  a  mistake.  The 
son,  is  indeed,  respected  for  his  father's  services,  but 
without  personal  merit,  he  can  never  share  in  the  gov- 
ernment ;  which,  were  it  otherwise,  must  sink  into  per- 
fect disgrace.  The  children  of  such  as  are  distinguish- 
ed for  their  patriotism,  moved  by  the  consideration  of 
their  birth,  and  the  perpetual  incitements  to  virtue  con- 
stantly inculcated  into  them,  imitate  their  fathers'  ex- 
ploits, and  thus  attain  to  the  same  honours  and  influence  ; 
which  accounts  for  the  opinion  that  the  title  and  pow~ 
er  of  sachem  are  hereditary  . 

Each  of  these  republicks  has  its  own  particular  chiefs, 
who  hear  and  determine  all  complaints  in  council,  and 
though  they  have  no  officers  for  tiie  execution  of  justice, 
yet  their  decrees  are  always  obeyed,  from  the  general 
reproach  that  would  follow  a  contempt  of  their  advice. 
The  condition  of  this  people  exempts  them  from  fac- 
tions, the  common  disease  of  popular  governments.  It 
is  impossible  to  gain  a  party  amongst  them  by  indirect 
means  ;  for  no  man  has  either  honour,  riches,  or  power 
to  bestow.^ 

*  The  learned  and  judicious  author  of  the  Spirit  of  Laws,  speaking  of 
a  people  who  have  a  fixed  property  in  lands,  observes,  "  That  if  a 
chief  would  deprive  them  of  their  liberty,  they  would  immediately  go 
and  seek  it  under  another,  or  retire  into  the  w^oods,  and  live  there  with 
their  families."  The  Five  Nations  can  never  be  enslaved,  till  they 
grow  rich  V^y  agriculture  and  commerce.    Property  is  the  most  perma- 


68 


History  of  New-York. 


All  affairs  which  concern  the  general  interest  are  de- 
termined in  a  great  assembly  of  the  chiefs  of  each  can- 
ton, usually  held  at  Onondaga,  the  centre  of  their  coun- 
try. Upon  emergencies  they  act  separately,  but  no- 
thing can  bind  the  league  but  the  voice  of  the  general 
convention. 

The  French,  upon  the  maxim,  divide  et  impera^ 
have  tried  all  possible  means  to  divide  these  republicks, 
and  sometimes  have  even  sown  great  jealousies  among 
them.  In  consequence  of  this  plan,  they  have  seduced 
many  families  to  withdraw  to  Canada,  and  there  settled 
them  in  regular  towns,  under  the  command  of  a  fort, 
and  the  tuition  of  missionaries. 

The  manners  of  these  savages  are  as  simple  as  their 
government.  Their  houses  are  a  few  crotched  stakes 
thrust  into  the  ground,  and  overlaid  with  bark.  A  fire 
is  kindled  in  the  middle,  and  an  aperture  left  at  the 
top  for  the  conveyance  of  the  smoke.  Whenever  a 
considerable  number  of  those  huts  are  collected,  they 
have  a  castle,  as  it  is  called,  consisting  of  a  square  with- 
out bastions,  surrounded  with  palisadoes.  They  have 
no  other  fortification  ;  and  this  is  only  designed  as  an 
asylum  for  their  old  men,  their  ^v^ives  and  children, 
while  the  rest  are  gone  out  to  war.  They  live  almost 
entirely  without  care.  While  the  women,  or  squaws, 
cultivate  a  little  spot  of  ground  for  corn,  the  men  emr 
ploy  themselves  in  hunting.  As  to  clothes,  they  use 
a  blanket  girt  at  the  waist,  and  thrown  loosely  over 
their  shoulders ;  some  of  their  women,  indeed,  have, 

neat  basis  of  power.  The  authority  of  a  sachem  depending  only  upon 
his  reputation  for  wisdom  and  courage,  must  be  weak  and  precariouf^ 
land  therefore  safe  to  the  people. 


History  of  Nav-York.  69 

besides  this,  a  sort  of  a  petticoat,  and  a  few  of  their 
men  wear  shirts  ;  but  the  greater  part  of  them  are  gen- 
erally half  naked.  In  Avinter  their  legs  are  covered 
with  stockings  of  blanket,  and  their  feet  with  socks  of 
deer  skin.  Manv  of  them  are  fond  of  ornaments,  and 
their  taste  is  very  singular.  I  have  seen  rings  affixed, 
not  only  to  their  ears,  but  to  their  noses.  Bracelets  of 
silver  and  brass  round  their  wrists,  are  very  common. 
The  women  plait  their  hair,  and  tie  it  up  behind  in  a 
bag,  perhaps  in  imitation  of  the  French  beaux  in  Cana- 
da. Though  the  Indians  are  capable  of  sustaining  great 
hardships,  yet  they  cannot  endure  much  labour,  being 
rather  fleet,  than  strong.  Their  men  are  taller  than  the 
Europeans,  rarely  corpulent,  always  beardless,^  straight 
limbed,  of  a  tawny  complexion,  and  black  uncurled 
hair.  In  their  food  they  have  no  manner  of  delicacy,  for 
tho'  venison  is  their  ordinary  diet,  yet  sometimes  they 
eat  dogs,  bears,  and  even  snakes,  llieir  cookery  is  of  two 
kinds,  boiled  or  roasted  ;  to  perform  the  latter,  the  meat 
is  penetrated  by  a  short  sharp  stick  set  in  the  ground, 
inclining  towards  the  fire,  and  turned  as  occasion  re- 
quires. They  are  hospitable  to  strangers,  though  few 
Europeans  would  relish  their  highest  favours  of  this 
kind,  for  they  are  very  nasty  both  in  their  garments 
and  food.  Every  man  has  his  own  wife,  whom  he  takes 
and  leaves  at  pleasure  :  a  plurality,  however,  at  the  same 
time,  is  by  no  means  admitted  amo^ig  them.  They 
have  been  generally  commended  for  their  chastity,  but 
I  am  informed  by  good  authority,  that  they  are  very 

*  Because  they  pluck  out  the  hairs.  The  FrencI)  writers,  who  say 
they  have  naturally  no  beards,  are  mistaken  ;  and  the  reasons  they  as^ 
^ign  for  it  are  ridiculous. 


70  History  of  New-York. 


lascivious,  and  that  the  women,  to  avoid  reproach,  fre- 
quently destroy  the  foetus  in  the  womb.  They  are  so 
perfectly  free,  that  unless  their  children,  who  general- 
ly assist  the  mother,  may  be  called  servants,  they  have 
none.  The  men  frequently  associate  themselves  for 
conversation,  by  which  means  they  not  only  preserve 
the  remembrance  of  their  wars,  and  treaties,  but  diffuse 
among  their  youth  incitements  to  military  glory,  as 
well  as  instruction  in  all  the  subtilties  of  war. 

Since  they  became  acquainted  with  the  Europeans, 
their  warlike  apparatus  is  a  musket,  hatchet,^'  and  a 
long  knife.  Their  boys  still  accustom  themselves  to 
bows  and  arrows,  and  are  so  dexterous  in  the  use  of  them, 
that  a  lad  of  sixteen,  will  strike  an  English  shilling  five 
times  in  ten  at  twelve  or  fourteen  yards  distance. 
Their  men  are  excellent  marksmen,  both  with  the  gun 
and  hatchet ;  their  dexterity  at  the  latter  is  very  extra- 
ordinary, for  they  rarely  miss  the  object,  though  at  a 
considerable  distance-  The  hatchet  in  the  flight  per- 
petually turns  round,  and  yet  always  strikes  the  mark 
with  the  edge. 

Before  they  go  out,  they  have  a  feast  upon  dogs' 
flesh,  and  a  great  war  dance.  At  these,  the  warriours,  who 
are  frightfully  painted  with  vermilion,  rise  up  and  sing 
their  own  exploits,  or  those  of  their  ancestors,  and  there- 
by kindle  a  military  enthusiasm  in  the  whole  company. 
The  day  after  the  dance,  they  march  out  a  few  miles  in 
a  row,  observing  a  profound  silence.  The  procession 
being  ended,  they  strip  the  bark  from  a  large  oak,  and 

/  *  Hence,  to  take  up  the  hatchet,  is,  with  them,  a  phrase  signifying  to 

declare  war  ;  as,  on  the  contrary,  to  bury  it,  denotes  the  establishment 
of  peace* 


History  of  New- York.  71 

paint  the  design  of  their  expedition  on  the  naked  trunk. 
The  figure  of  a  canoe,  withtlie  number  of  men  in  it,  de- 
termines the  strength  of  their  party  ;  and  by  a  deer,  a 
fox,  or  some  otlier  emblem  painted  at  the  head  of  it,  we 
discover  against  what  nation  they  are  gone  ouL 

The  Five  Nations  being  devoted  to  war,  every  art  is 
cort rived  to  diffuse  a  military  spirit  through  the  whole 
body  of  their  people.  The  ceremonies  attending  the 
return  of  a  party,  seem  calculated  in  particular  for 
that  purpose.  The  day  before  they  enter  the  village, 
two  heralds  advance,  and  at  a  small  distance  set  up  a 
yell,  which  by  its  modulation  intimates  either  good  or 
bad  news.  If  the  former,  the  village  is  alarmed,  and  an 
entertainment  provided  for  the  conquerours,  who  in  the 
mean  time  approach  in  sight  :  one  of  them  bears  the 
scalps  stretched  over  a  bow,  and  elevated  upon  a  long 
pole.  The  boldest  man  in  the  town  comes  out,  and  re- 
ceives it,  and  instantly  flies  to  the  hut  where  the  rest 
are  collected.  If  he  is  overtaken,  he  is  beaten  unmer- 
cifully ;  but  if  he  outruns  the  pursuer,  he  participates 
in  the  honour  of  the  victors,  who  at  their  first  entrance 
receive  no  compliments,  nor  speak  a  single  word  till  the 
end  of  the  feast.  Their  parents,  wives,  and  children 
then  are  admitted,  and  treat  them  with  the  profoundest 
respect.  After  these  salutations,  one  of  the  conquer- 
ours is  appointed  to  relate  the  whole  adventure,  to 
which  the  rest  attentively  listen,  without  asking  a  ques- 
tion, and  the  whole  concludes  with  a  savage  dance. 

The  Indians  never  fight  in  the  field,  or  upon  equal 
terms,  but  always  sculk  and  attack,  by  surprise,  in  small 
parties,  meeting  every  night  at  a  place  of  rendezvous. 
Scarcely  any  enemy  can  escape  them,  for  by  the  dispo- 
sition of  the  grass  and  leaves,  they  follow  his  tract  with 


n 


History  of  Neiv-  York. 


great  speed  any  where  but  over  a  rock.  Their  barbar- 
ity is  shocking  to  human  nature-  Women  and  children 
they  generally  kill  and  scalp,  because  they  would  re- 
tard their  progress  ;  but  the  men  they  carry  into  cap- 
tivity. If  any  woman  has  lost  a  relation,  and  inclines 
to  receive  the  prisoner  in  his  stead,  he  not  only  escapes 
a  series  of  the  most  inhuman  tortures,  and  death  itself, 
but  enjoys  every  immunity  they  can  bestow,  and  is  es- 
teemed a  member  of  the  family  into  which  he  is  adopt- 
ed. To  part  with  him  would  be  tlie  most  ignominious 
conduct  and  considered  as  selling  the  blood  of  the  de- 
ceased ;  and  for  this  reason  it  is  not  without  the  great- 
est difficulty  that  a  captive  is  redeemed. 

When  the  Indians  incline  to  peace,  a  messenger  is 
sent  to  the  enemy  with  a  pipe,  the  bowl  of  which  is 
made  of  soft,  red  marble  ;  and  a  long  reed,  beautifully 
painted,  and  adorned  v/ith  the  gay  plumage  of  birds^ 
forms  the  stem.  This  is  his  infallible  protection  from 
any  assault  on  the  way.  The  envoy  makes  his  propo- 
sals to  the  enemy,  who,  if  they  approve  them,  ratify 
the  preliminaries  to  the  peace,  by  smoking  through  the 
pipe,  and  from  that  instant  a  general  cessation  of  arms 
takes  place.  The  French  call  it  a  calumet.  It  is  used, 
as  far  as  I  can  learn,  by  all  the  Indian  nations  upon  the 
continent.  The  rights  of  it  are  esteemed  sacred,  and 
have  been  only  invaded  by  the  Flat  Heads  ;  in  just  in- 
dignation for  which,  the  confederates  maintained  a  war 
with  them  for  near  thirty  years. 

As  to  the  language  of  the  Five  Nations,  the  best  ac- 
count I  have  had  of  it,  is  contained  in  a  letter  from 
the  Reverend  Mr.  Spencer,  who  resided  amongst  them 
in  the  year  1748,  being  then  a  missionary  from  the 
Scotch  society  for  propagating  Christian  knowledge. 
He  writes  thus : 


History  of  New-Yorh 


"  Sir, 

"  Though  I  was  very  desirous  of  learning  the  Indian  ; 
tongue,  yet  through  my  short  residence  at  Onough< 
quage,  and  the  surly  disposition  of  my  interpreter, /I 
confess  my  proficiency  was  not  great. 

"  Except  the  Tuscaroras,  all  the  Six  Nations  sp^gak 
a  language  radically  the  same.  It  is  very  masculine 
and  sonorous,  abounding  with  gutturals  and  strong  as- 
pirations, but  without  labials.  Its  solemn  grave  tone 
is  owing  to  the  generosity  of  its  feet,  as  you  will  ob- 
serve in  the  following  translation  of  the  Lord's  pray er^ 
in  which  I  have  distinguished  the  time  of  every  sylla- 
ble by  the  common  marks  used  in  prosody*^ 

Soungwauneha,  caurounkyawga,  tebseetaroan,  saiihson^yousta, 
esa,  sawaneyou,  okettauhsela,  ehneauvvoung,  na,  caurounkyawga, 
nughwonshaiiga,  neattevvehnesaiauga,  taugwaunautororioantoug* 
sick,  toantaugweleewheyoustaiing,  eheneeyeut,  chaquatautehwhe-* 
youstaunna,  toughsaii,  taugwaussareneh,  tawautotteiiauea.'Oughtd- 
tmgga,  nasawne,  sacheaiitaugwass,  coantehbaiohaunzaickaw,  esa, 
sawaunneyou,  esa,  sashautzta,  esa,  soungw  asoung,  chenneauhaung* 
\va,  auwen. 

"  The  extraordinary  length  of  Indian  words^  and 
the  guttural  aspirations  necessary  in  pronoimcing  them, 
render  the  speech  extremely  rough  and  difficult.  Tiie 
verbs  never  change  in  their  terminations,  as  in  Latin^ 
Greek  and  Hebrew,  but  all  their  variations  are  prefix- 

*  If  we  had  a  good  dictionary,  marking  the  quantity  as  weH  as  eni«^ 
phasis  of  every  syllable  in  the  English  language,  it  would  conduce  to 
an  accuracy  and  uniformity  of  pronunciation.  The  dignity  oLstylej 
so  far  as  the  ear  is  concerned,  consists  principally  in  generous  feet  i  and 
perhaps  it  may  be  a  just  remark  that  no  sentence,  unless  in  a  dialogue^ 
ends  well  without  a  full  sound.  Gordon  and  Fordyce  rarely  swerve 
from  this  rule,  and  Mr.  Mason,  an  ingenious  author,  has  lately  writtea 
with  great  applause,  on  this  attribute  of  style* 

10 


74 


History  of  Ne/v-YorJc. 


ed.  Besides  the  singular  and  plural,  they  have  also 
the  dual  number.  A  strange  transposition  of  syllables 
of  different  words,  evphonice  gratia,  is  very  common  in 
the  Indian  tongue,  of  which  I  will  give  an  instance 
— ogilla  signifies  fire,  and  cawawina,  great,  but  instead 
of  joinm^r  the  adjective  and  substantive  to  s^j  great 
Jire,  cawaunna  ogilla,  both  words  would  be  blended  in- 
to this  one,  co-gHla-waunna.  The  dialect  of  the  Oney- 
das,  is  softer  than  that  of  the  other  nations  ;  and  the 
reason  is,  because  they  have  more  vowels,  and  often 
supply  the  place  of  harsh  letters  with  liquids.  Instead 
of  R,  they  always  use  L  :  Rebecca^  would  be  pronounc- 
ed Lequecca. 

The  art  of  publick  speaking  is  in  high  esteem  among 
the  Indians,  and  much  studied.  They  are  extremely 
fond  of  method,  and  displeased  with  an  irregular  har- 
angue, because  it  is  diflScult  to  be  remembered.  When 
they  answer,  they  repeat  the  whole,  reducing  it  into 
strict  order-  Their  speeches  are  short,  and  the  sense 
conveyed  in  strong  metaphors.  In  conversation  they 
are  sprightly,  but  solemn  and  serious  in  \heir  messages 
relating  to  publick  affairs.  Their  speakers  deliver 
themselves  with  surprising  force  and  great  propriety  of 
gesture.  The  fierceness  of  their  countenances,  the 
flowing  blanket:,  elevated  tone,  naked  arm,  and  erect 
stature,  with  a  half  circle  of  auditors  seated  on  the 
ground,  and  in  the  open  air,  cannot  but  impress  upon 
the  mind,  a  lively  idea  of  the  ancient  oratours  of 
Greece  and  Rome. 

At  the  close  of  every  important  part  of  the  speech, 
ratifying  an  old  covenant,  or  creating  a  new  one,  a 
belt  is  generally  given,  to  perpetuate  the  remembrance 


History  of  Nov- York. 


75 


of  the  transaction.  These  belts  are  about  four  inches 
wide,  and  thirty  in  length.  They  consist  of  strings  of 
conque  shell  beads  fastened  together.^^ 

With  respect  to  religion,  the  Indians  may  be  said  to 
be  under  the  thickest  gloom  of  ignorance.  If  they  have 
any,  which  is  much  to  be  questioned,  those  who  aflftrm 
it,  will  find  it  difficult  to  tell  us  wherein  it  consists^ 
They  have  neither  priest  nor  temple,  sacrifice  nor  altar. 
Some  traces,  indeed,  appear  of  the  original  law  written 
upon  their  hearts  ;  but  they  have  no  system  of  doc- 
trines, nor  any  rites  and  modes  of  publick  worship. 
They  are  sunk,  unspeakably,  beneath  the  polite  pagans 
of  antiquity.  Some  confused  notions,  indeed,  of  beings 
^uperiour  to  themselves,  they  have,  but  of  the  Deity 
and  his  natural  and  moral  perfections,  no  proper  or 
tolerable  conceptions  ;  and  of  his  general  and  particu- 
lar Providence  they  know  nothing.  They  profess  no 
obligations  to  him,  nor  acknowledge  their  dependence 
upon  him.  Some  of  them,  it  is  said,  are  of  opinion, 
that  there  are  two  distinct,  powerful  beings,  one  able 
to  help,  the  other  to  do  them  harm.  The  latter  they 
venerate  most,  and  some  alledge,  that  they  address  him 
by  a  kind  of  prayer.  Though  there  are  no  publick 
monuments  of  idolatry  to  be  seen  in  their  country,  yet 
the  missionaries  have  discovered  coarse  imagery  in 
wooden  trinkets,  in  the  hands  of  their  jugglers,  which 
the  converts  deliver  up  as  detestable.    The  sight  of 

^  Those  beads,  which  pass  for  money,  are  called  by  the  Indians, 
wam[)iira,  and  by  the  Dutch,  sewant :  six  beads  were  formerly  valued 
at  a  stiver^  There  are  always  several  poor  families  at  Albany,  who 
support  themselves  by  coining  this  cash  for  the  traders. 


70 


History  of  New- York. 


them  would  remind  a  man  of  letters  of  the  lares  and 
penates  of  the  ancients,  but  no  certain  judgment  can  be 
drawn  of  their  use.    The  Indians  sometimes  assemble 
in  large  numbers,  and  retire  far  into  the  wilderness, 
where  they  eat  and  drink  in  a  profuse  manner.  These 
conventions  are  called  kenticoys.    Some  esteem  them 
to  be  debauched  revels  or  Bacchanalia  j  but  those,  who 
have  privately  followed  them  into  these  recesses,  give 
such  accounts  of  their  conduct,  as  naturally  lead  one  to 
imagine,  that  they  pay  a  joint  homage  and  supplication 
to  some'' invisible  being.    If  we  suppose  they  have  a  re- 
ligion, it  is  worse  than  none,  and  raises  in  the  generous 
mind,  most  melancholy  ideas  of  their  depraved  condi- 
;tion.    Little  has  been  done  to  illuminate  these  dark 
CJCtrners  of  the  earth  with  the  light  of  the  Gospel.  The 
French  priests  boast  indeed  of  their  converts,  but  they 
have  made  more  proselytes  to  politicks  than  religion* 
Queen  Anne  sent  a  missionary  among  them,  and  gave 
^itn  an  appointment  out  of  the  privy  purse.    He  was  a 
^pa^n  of  a  good  life,  but  slow  parts,  and  his  success  very 
Inconsiderable.    The  reverend  Mr.  Barclay  afterwards 
^^sided  among  the  Mohawks,  but  no  suitable  provision 
l^ing  made  for  an  interpreter,  he  was  obliged  to  break 
^j^the  mission.    If  the  English  society  for  propagating 
Idae  Gospel,  that  truly  venerable  body,  instead  of  main- 
taining missionaries  in  rich  Christian  congregations 
lLl$)tig  the  continent,  expended  half  the  amount  of  their 
contributions  on  evangelists  among  the  heathen, 
fe^ddes  the  unspeakable  religious  benefits  that  would, 
ii#fo  be  hoped,  accrue  to  the  natives,  such  a  proceed- 
ir^  would  conduce  greatly  to  the  safety  of  our  colo- 
nies, &nd  his  majesty's  service.    Much  has  been  written 


History  of  New- York. 


77 


upon  this  subject  in  America  ;^  and  why  nothing  to 
purpose  has  yet  been  attempted  in  Biigland,  towards  so 
laudable  a  design,  can  only  be  attributed  to  the  amaz- 
ing falsehoods  and  misrepresentations,  by  which  some 
of  the  missionaries  have  long  imposed  upon  benevolent 
minds  in  Great  Britain.f 

As  to  the  history  of  the  Five  nations,  before  their  ac- 
quaintance with  the  Europeans,  it  is  wrapt  up  in  the 
darkness  of  aoticjuity.  It  is  said  that  their  first  residence 
was  in  the  country  about  Montreal  ;  and  that  the  supe- 
riour  strength  of  the  Adirondacks,  whom  t]ie  French 
call  Algonquins,  drove  them  into  their  present  posses- 
sions, lying  on  the  south  side  of  the  Mohawks  river,  and 

^  See  Mr.  Hobart's  letters  to  the  Episcopalians  in  NcAv-Eiigland. 
The  accounts  of  the  Scotch  mission  at  Stockbridge.  Douglass'  Sum- 
mary, &c. 

t  This  is  notorious  to  all  who  give  themselves  the  trouble  of  perusing 
the  abstracts  of  their  accounts  published  in  England.  It  would  be  a 
very  agreeable  office  to  n^^e,  on  this  occasion,  to  distinguish  the  inno- 
cent from  the  guilty,  but  that  such  a  task  would  infallibly  raise  up  a 
host  of  enemies.  Many  of  the  missionaries  are  men  of  learning  and 
examplary  morals.  These  in  America  are  known  and  honoured,  and 
cannot  be  prejudiced  by  an  indiscriminate  censure.  Their  joining  in  a 
representation  for  distinguishing  the  delinquents,  who  are  a  disgrace  to 
the  cloth,  will  serve  as  a  full  vindication  of  themselves  to  the  society. 
Mr.  Ogilvie  is,  I  believe,  the  only  person  now  employed  by  that  char- 
itable corporation  among  the  Indians,  and  the  greatest  part  even  of  his 
charge  is  in  the  city  of  Albany.  All  the  Scotch  missionaries  are  among 
the  heathen,  and  their  success  has  been  sufficient  to  encourage  any  fu- 
ture attempts.  There  is  a  regular  society  of  Indian  converts  in  New- 
Jersey;  and  it  is  worthy  of  remark,  that  not  one  of  them  has  aposta- 
tized into  heathenism.  Seme  of  them  have  made  such  proficiencies  in 
practical  religion,  as  ought  to  shame  many  of  us,  who  boast  the  illumi- 
nating aids  of  our  native  Christianity.  Not  one  of  these  Indians  has 
beeu  concerned  in  those  barbarous  irruptions,  which  have  lately  delug- 


,78 


History  oj  New- York. 


the  great  lake  Ontario,^  ,  Towards  the  close  of  those 
disputes,  which  co»tinued  for  a  great  series  of  years, 
the  confederates  gained  advantages  over  the  Adiron- 
dacks,  and  struck  a  general  terrour  into  all  the  other 
Indians.  The  Hurons  on  the  north  side  of  the  lake 
Erie,  and  the  Cat  Indians  on  the  south  side,  were  totally 
conquered  and  dispersed.  The  French,  who  settled 
Canada  in  1603,  took  umbrage  at  their  success,  and  be- 
gan a  war  Avith  them,  which  had  well  nigh  ruined  the  new 
colony.  In  autumn  1665,  Mr.  Courcelles,  the  governour, 
sent  out  a  party  against  the  Mohawks.  Through  igno- 
rance of  the  country,  and  the  want  of  snowshoes,  they 
were  almost  perished,  when  they  fell  in  with  Schenec- 

ed  the  frontiers  of  the  south  westeru  provinces,  with  the  blood  of  seve- 
ral hundred  innocents  of  every  age  and  sex.  At  the  commenceTjent 
of  these  ravages,  they  flew  ioto  the  settlements,  and  put  themselves  un- 
der the  protection  of  the  government.  These  Indians  no  sooner  be- 
came Christians,  than  they  openly  professed  their  loyalty  to  king 
George ;  and  therefore  to  contribute  to  their  conversion,  was  as  truly 
politick,  as  nobly  Christian.  Those  colonies  which  have  done  most 
for  this  charitable  design,  have  escaped  best  from  the  late  distressing 
calamities.  Of  all  the  missionaries,  Mr.  David  Brainerd,  who  recover- 
ed these  Indians  from  the  darkness  of  paganism,  was  most  successful. 
He  died  the  9th  of  October,  1747,  a  victim  to  his  extreme  mortifica- 
tion and  inextinguishable  zeal,  for  the  prosperity  of  his  mission.  Those 
who  are  curious  to  enquire  particularly  into  the  effects  of  his  indefatig- ' 
able  industry,  may  have  recourse  to  his  journal,  published  at  Philadel- 
phia, by  the  American  correspondents  of  the  Scotch  society,  in  whose 
service  he  was  employed.  Dr.  Douglass,  ever  ready  to  honour  his 
native  country,  after  remarking  that  this  self-denying  clergyman  rode 
about  400  miles,  in  the  year  1744,  with  an  air  of  approbation,  asks. 

Is  there  any  missionary,  from  any  of  the  societies,  for  propagating 
the  Gospel  in  foreign  parts,  that  has  reported  the  like." 

^  Charlevoix,  in  partiality  to  the  French,  limits  the  country  of  the 
Five  Nations,  on  the  north,  to  the  44th  degree  of  latitude  ;  according 


History  of  New- York: 


tady.  And  even  there  the  Indians  would  have  sacrifice 
ed  them  to  their  barbarous  rage,  had  not  Corlear,  a 
Dutchman,  interposed  to  protect  them.  For  this  sea- 
sonable hospitality,  the  French  governour  invited  him 
to  Canada,  but  he  was  unfortunately  drowned  in  his 
passage  through  the  lake  Champlain.  It  is  in  honour  of 
this  man,  who  was  a  favourite  of  the  Indians,  that  the 
governours  of  New-York,  in  all  their  treaties,  are  ad- 
dressed by  the  name  of  Corlear.  Twenty  light  compa- 
nies of  foot,  and  the  whole  militia  of  Canada,  marched 
the  next  spring  into  the  country  of  the  Mohawks  ;  but 
their  success  was  vastly  unequal  to  the  charge  and  la- 
bour of  such  a  tedious  march  of  700  miles,  through  an 
uncultivated  desart ;  for  the  Indians,  on  their  approach^ 
retked  into  the  woods,  leaving  behind  them  some  old 
sachems,  who  preferred  death  to  life,  to  glut  the  fury 
of  their  enemies.  The  emptiness  of  this  parade  on  the 
one  hand,  and  the  Indian  fearfulness  of  fire  arms  on  the 
other,  brought  about  a  peace  in  1667,  which  continued 
for  several  years  after.  In  this  interval,  both  the  Eng- 
lish and  French  cultivated  a  trade  with  the  natives 
very  profitable  to  both  nations.  The  latter,  however, 
were  most  politick  and  vigorous,  and  filled  the  Indian 

to  which,  all  the  country  on  the  north  side  of  lake  Ontario,  and  the 
river  issuing  thence  to  Montreal,  together  with  a  considerable  tract 
of  land  on  the  south  side  of  that  river,  belongs  to  the  French.  Hen- 
iiepin,  a  recollect  friar,  has  more  regard  to  truth  than  the  Jesuit ;  for 
he  tells  us  in  effect,  that  the  Iroquois  possessed  the  lands  on  the  nortli, 
as  well  as  on  the  south  side  of  the  lake,  and  mentions  several  of  their 
villages  in  1679,  viz.  Tejajahon,  Kente,  and  Ganneousse.  The  map 
in  his  book  agrees  with  the  text.  Charlevoix  is  at  variance  with  his 
geographer ;  for  Mr.  Bellin,  besides  laying  down  these  towns  in  the 
map,  contained  in  the  fifth  volume,  writes  on  the  north  side  of  the 
protraction  of  lake  Ontario,  hs  Iroquois  du  nord. 


80 


History  of  New  York. 


country  with  their  missionaries.  The  sieur  Perot,  tha 
rery  year  in  which  the  peace  was  conchided,  travelled 
above  1200  miles  westward,  making  proselytes  of  ihe 
Indians  every  where  to  the  French  interest.  Courceiles 
appears  to  have  been  a  man  of  art  and  industry.  He 
took  every  measure  in  his  power  for  the  defence  of 
Canada.  To  prevent  the  irruptions  of  the  Five  Nations, 
by  the  way  of  lake  Champlain,  he  built  several  forts  in 
1665,  between  that  and  the  mouth  of  the  river  SoreL 
In  1672,  just  before  his  return  to  France,  under  pre- 
tence of  treating  with  the  Indians  more  commodiously, 
but  in  reality,  as  Charlevoix  expresses  it,  "  to  bridle 
them,"  he  obtained  their  leave  to  erect  a  fort  at  Cadar- 
acqui,  or  lake  Ontario,  Avhich  count  Frontenac,  his  suc- 
cessor, completed  the  following  spring,  and  called  af- 
ter his  own  name^.  The  command  of  it  was  afterwards 
given  to  Mr.  De  la  Salle,  who,  in  1678,  rebuilt  it  with 
stone.  This  enterprising  person,  the  same  year,  launch- 
ed a  bark  of  ten  tons  into  the  lake  Ontario,  and  anoth- 
er of  sixty  tons,  the  year  after,  into  lake  Erie  :  about 
which  time  he  inclosed  with  palisadoes,  a  little  spot  at 
Niagara. 

Though  the  duke  of  York  had  preferred  colonel 
Thomas  Dongan  to  the  government  of  this  province  on 
the  30th  of  September,  1682,  he  did  not  arrive  here  till 
the  27th  of  August,  in  the  following  year.  He  was  a 
man  of  integrity,  moderation,  and  genteel  manners,  and 
though  a  professed  papist,  may  be  classed  among  the 
best  of  our  governours. 

*  In  May,  1721,  it  was  a  square,  with  four  bastions,  built  of  stone^ 
being  a  quarter  of  a  French  league  in  circumference ;  before  it,  are 
many  small  islands,  and  a  good  harbour,  and  behind  it  a  morass*  Char- 


History  of  New-Yorh 


8i 


The  people,  who  had  been  formerly  ruled  at  the  will 
of  the  duke's  deputies,  began  their  first  participation  in 
the  legislative  power  under  colonel  Dongan,  for  short- 
ly after  his  arrival,  he  issued  orders  to  the  sheriffs,  to 
summon  the  freeholders  for  choosing  representatives, 
to  meet  him  in  assembly  on  the  17th  of  October,  1683« 
Nothing  could  be  more  agreeable  to  the  people,  who, 
whether  Dutch  or  English,  were  born  the  subjects  of  a 
free  state  ;  nor,  indeed,  was  the  change  of  less  advan- 
tage to  the  duke,  than  to  the  inhabitants.    For  such  a 
general  disgust  had  prevailed,  and  in  particular  m  Long 
Island,  against  the  old  form  which  colonel  Nicolls  had 
introduced,  as  threatened  the  total  subversion^  of  the 
publick  tranquility.  Colonel  Dongan  saw  the  disaffection 
of  the  people  at  the  east  end  of  the  Island,  for  he  land- 
ed there  on  his  first  arrival  in  the  country ;  and  to  ex- 
tinguish the  fire  of  discontent,  then  impatient  to  burst 
out,  gave  them  his  promise,  that  no  laws  or  rates  for 
the  future  should  be  imposed,  but  by  a  general  assem- 
bly.   Doubtless,  this  alteration  was  agreeable  to  the 
duke's  orders,  who  had  been  strongly  importuned  for 
it,^  as  v/ell  as  acceptable  to  the  people,  for  they  sent 
him  soon  after  an  address,  expressing  the  highest  sense 
of  gratitude,  for  so  beneficial  a  change  in  the  govern- 
ment.   It  would  have  been  impossible  for  him  much 
longer  to  have  maintained  the  old  model  over  free  sub- 
jects, who  had  just  before  formed  themselves  into  a  co- 

*  The  petition  to  his  royal  highness  was  drawn  by  the  council,  the 
aldermen  of  New- York,  and  the  justices  of  the  peace  at  the  court  of 
asbize,  the  29th  of  June,  1681.  I  have  seen  a  copy  in  ihe  hands  of 
luewh  Morris,  Esq.  It  contains  many  severe  reflectiojos  upon  the  ty- 
ranny of  Sir  Edmond  Andross. 

11 


22  History  of  Neiv-York. 

lony  for  the  enjoyment  of  their  liberties,  and  liad  eveii 
already  solicited  the  protection  of  the  colony  of  Con- 
necticut, from  whence  the  greatest  part  of  them  came. 
Disputes  relating  to  the  limits  of  certain  townships  at 
the  east  end  of  Long  Island,  sowed  the  seeds  of  enmity 
against  Dongan,  so  dee})ly  in  the  hearts  of  many  who 
were  concerned  in  them,  that  their  representation  to 
Connecticut,  at  the  revolution;,  contains  the  bitterest  in- 
vectives against  him. 

Dongan  surpassed  all  his  predecessors  in  a  due  at- 
tention to  our  affairs  with  the  Indians,  by  whom  he  was 
highly  esteemed.  It  must  be  remembered  to  his  honour 
that  though  he  was  ordered  by  the  duke,  to  encourage 
the  French  priests,  who  were  come!  to  reside  among  th^ 
natives,  under  pretence  of  advancing  the  popish  cause, 
but  in  reality  to  gain  them  over  to  the  French  interest ; 
yet  he  forbid  the  Five  Nations  to  entertain  them.  The 
Jesuits,  however,  had  no  small  success.  Their  prose- 
lytes are  called  praying  Indians,  or  Caghnuagaes,  and 
reside  now  in  Canada,  at  the  fall  of  St.  Lewis,  opposite 
to  Montreal.  This  village  was  begun  in  1671,  andcon^ 
sists  of  such  of  the  Five  Nations  as  have  formerly  been 
drawn  away  by  the  intrigues  of  the  French  priests,  in 
the  times  of  Lovelace  and  Andross,  who  seem  to  have 
paid  no  attention  to  our  Indian  affairs.^  It  was  ow- 
ing to  the  instigation  also  of  these  priests,  that  the 
Five  Nations  about  this  time,  committed  hostilities  on 
the  back  parts  of  Maryland  and  Virginia,  which  occa- 

*  Of  late  some  others  of  the  confederates  have  been  allured  to  settle 
at  Oswegatchi,  called  hj  the  French,  la  Gallette,  near  fifty  miles  be- 
low Frontenac.  General  Shirley's  emissaries  from  Oswego,  in  1 755, 
prevailed  T?Uh  several  of  these  families  to  return  to  their  old  habitations. 


IRstorp  of  NerV'Yorh 


-sib lied  a  grand  convention  at  Albany,  in  the  year  1684. 
Lord  Howard  of  Effingham,  the  governour  of  Virginia^ 
was  present,  and  made  a  covenant  with  them  for  pre- 
venting fmther  depredations,  towards  the  acomplish^* 
ment  of  which,  colonel  Dongan  was  very  instrumental."* 
Doctor  Golden  has  published  this  treaty  at  large,  but  as 
it  his  no  itumediate  connection  with  the  affairs  of  this 
province,  I  beg  leave  to  refer  the  reader  for  a  full  ac- 
count of  it  to  his  history  of  the  Five  Nations. 

While  lord  Howard  was  at  Albany,  a  messenger  from 
De  la  Barre,  then  governour  of  Canada,  arrived  there, 
complaining  of  the  Seneca  Indians,  for  interrupting 
the  French  in  their  trade  with  the  more  distant  Indians, 
commonly  included  among  us  by  the  general  name  of 
the  Far  Nations.f  Colonel  Dongan,  to  whom  the  mes- 
sage was  sent,  communicated  it  to  the  Senecas,  who 
admitted  the  charge,  but  justified  their  conduct,  alledg- 
ing,  that  the  French  supplied  arms  and  ammunition  to 
the  Twiglitwies,!  w'th  whom  they  were  then  at  war* 
De  la  Barre,  at  the  same  time,  meditating  nothing  less 
than  the  total  destruction  of  the  Five  Nations,  proceed- 
ed with  an  army  of  1700  men  to  the  lake  Ontario. 
Mighty  preparations  w^ere  made  to  obtain  the  desired 
success  :  fresh  troops  were  imported  from  France,  and  a 
letter  procured  from  the  duke  of  York  to  colonel  Don- 
gan, commanding  him  to  lay  no  obstacles  in  the  way. 
The  officers  posted  in  the  out  forts,  even  as  far  as  Mes^ 

*  This  covenant  was  ratified  in  1685,  and  at  several  times  since. 

t  By  the  Far  Nations,  are  meant  all  those  numerous  tribes  inhabiting 
the  countries  on  both  sides  of  the  lakes  Huron  and  Erie,  westward,  as 
far  as  the  Missisippi,  and  the  southern  country  along  the  banks  of  thd 
Ohio,  and  its  branches. 

t  By  the  French  called  Miaraies. 


84 


History  of  New- York. 


silimakinac,  were  ordered  to  rendezvous  at  Niagara,  willi 
all  the  western  Indians  they  could  engage.  Dongan, 
regardless  of  the  duke's  orders,  apprised  the  Indians  of 
the  French  designs,  and  promised  to  assist  them.  Af-> 
ter  six  weeks  delay  at  fort  Frontenac,  during  which 
time  a  great  sickness,  occasioned  by  bad  provisions, 
broke  out  in  the  French  army,  De  la  Barre  found  it  ne- 
cessary to  conclude  the  campaign  with  a  treaty,  for 
which  purpose  he  crossed  the  lake,  and  came  to  the 
place  which,  from  the  distress  of  his  army,  was  called 
la  Famine.  Dongan  sent  an  interpreter  among  the  In- 
dians, by  all  means  to  prevent  them  from  attending  the 
treaty.  The  Mohawks  and  Senecas  accordingly  re- 
fused to  meet  De  la  Barre,  but  the  Oneydoes,  Ononda« 
gas,  and  Cayugas,  influenced  by  the  missionaries,  were 
unwilling  to  hear  the  interpreter,  except  before  the 
priests,  one  La  Main,  and  three  other  Frenchmen,  and 
afterwards  waited  upon  the  French  governour.  Two 
days  after  their  arrival  in  the  camp,  monsieur  De  la 
Barre,  addressing  himself  to  Garrangula,  an  Onondaga 
chief,  made  the  following  speech,  the  Indians,  and 
French  officers  at  the  same  time  forming  a  circle  round 
about  him. 

The  king,  my  master,  being  informed  that  the  Five 
Nations  have  often  infringed  the  peace,  has  ordered  me 
to  come  hither  with  a  guard,  and  to  send  Ohguesse  to  the 
Onondagas,  to  bring  the  chief  sachems  to  my  camp.  Thp 
intention  of  the  great  king  is,  that  you  and  I  may  smoke 
the  calumet  of  peace  together ;  but  on  this  condition, 
that  you  promise  me,  in  the  name  of  the  Senecas,  Cay- 
ugas, Onondagas,  and  Mohawks,  to  give  entire  satisfac- 
tion and  reparation  to  his  subjects,  and  for  the  future 
never  to  molebt  them. 


Histoj^y  of  NeW'YorJc.  85, 

"^'^  The  Senecas,  Cayugas,  Onondagas,  Oneydoes,  and 
Mohawks,  have  robbed  and  abused  all  the  traders  that 
were  passing  to  the  Illinois  and  Miainies,  and  other  In- 
dian nations,  the  children  of  inj  king.  They  have 
acted,  on  these  occasions,  contrary  to  the  treaty  of 
peace  with  my  predecessor.  I  am  ordered,  therefore, 
to  demand  satisfaction,  and  to  tell  them,  that  in  case  of 
refusal,  or  their  plundering  us  any  more,  I  have  ex- 
press orders  to  declare  war.  This  belt  confirms  my 
words.  The  warriours  of  the  Five  Nations  liave  con- 
ducted the  English  into  the  lakes,  which  belong  to  the 
king,  my  master,  and  brought  the  English  among  the 
nations  that  are  his  children,  to  destroy  the  trade  of  his 
subjects,  and  to  withdraw  these  nations  from  him.  They 
have  carried  the  English  thither,  notwithstanding  the 
prohibition  of  the  late  governour  of  New-York,  who 
foresaw  tiie  risque  that  both  they  and  you  would  run. 
I  am  willing  to  forget  those  things,  but  if  ever  the  like 
ghall  happen  ior  the  future,  I  have  express  orders  to  de« 
clare  war  against  you.    This  belt  confirms  my  words. 

Your  warriours  have  made  several  barbarous  in- 
cursions on  the  Illinois  and  Miamies  ;  they  have 
massacred  men,  women,  and  children,  and  have  made 
many  of  these  nations  prisoners,  who  thought  them- 
selves safe  in  their  villages  in  time  of  peace  : 
these  people,  who  are  my  king's  children,  must 
not  be  yaur  slaves  ;  you  must  give  them  their  liberty, 
and  send  them  back  into  their  own  country.  If  the 
Five  Nations  shall  refuse  to  do  this,  I  have  express  or- 
ders to  declare  war  against  them.  This  belt  confirms 
my  words. 

"  This  is  what  I  have  to  say  to  Garrangula,  that  he 
m^y  carry  to  the  Senecas,  Onondagas,  Oneydoes,  Cay- 


fi^  Mstory  of  NcTV'Tork. 

ugas,  and  Mohawks,  the  declaration  which  the  king,  my 
master,  has  commanded  me  to  make.  He  doth  not 
wish  them  to  force  him  to  send  a  great  army  to  Cadar- 
ackui  fort,  to  begin  a  war,  which  must  be  fatal  to  them* 
He  would  be  sorry  that  this  fort,  that  was  the  work  of 
peace,  should  become  the  prison  of  your  warriours. 
We  must  endeavour,  on  both  sides,  to  prevent  such 
inisfortunes.  The  French,  who  are  the  brethren  and 
friends  of  the  Five  Nations,  will  never  trouble  their  re- 
pose, provided  that  the  satisfaction,  which  I  demand,  be 
given  ;  and  that  the  treaties  of  peace  be  hereafter  ob- 
served. I  shall  be  extremely  grieved,  if  my  words  do 
not  produce  the  effect  which  I  expect  from  them  ;  for 
then  I  shall  be  obliged  to  join  with  the  governour  of 
New-York,  who  is  commanded  by  his  master,  to  assist 
me,  and  burn  the  castles  of  the  Five  Nations,  and  de- 
stroy you.    This  belt  confirms  my  words.'* 

Garrangula  heard  these  threats  with  contempt,  be- 
cause he  had  learnt  the  distressed  state  of  the  French 
army,  and  knew  that  they  were  incapable  of  executing 
the  designs  with  which  they  set  out ;  and,  therefore,  af- 
ter walking  five  or  six  times  round  the  circle,  he  an- 
swered the  French  governour,  who  sat  in  an  elbow 
©hair,  in  the  following  strain  : 

"  YONNONDIO, 

^  I  honour  you,  and  the  warriours  that  are  with  me 
likewise  honour  you.  Your  interpreter  has  finished 
your  speech  ;  I  now  begin  mine.  My  words  make 
haste  to  reach  your  ears  ;  hearken  to  them. 

"  Yonnondio,  you  must  have  believed,  when  you 
left  Quebec,  that  the  sun  had  burnt  up  all  the  forests, 
which  render  our  country  inaccessible  to  the  French,  or 
that  the  lakes  had  so  far  overflown  the  banks,  that  they 


History  of  New-Yorh 


had  surrounded  our  castles,  and  that  it  was  impossible 
for  us  to  get  out  of  them.  Y  es,  Yonnondio,  surely  you 
must  have  dreamt  so,  and  the  curiosity  of  seeing  so 
great  a  wonder,  has  brought  you  so  far.  Now  you  are 
undeceived,  since  that  I  and  the  warriours  here  pre- 
sent, are  come  to  assure  you,  that  the  Senecas,  Cayu- 
gas,  Onondagas,  Oneydoes,  and  Mohawks,  are  yet  alive^ 
I  thank  you,  in  their  name,  for  bringing  back  into  their 
coimtry  the  calumet,  which  your  predecessor  received 
from  their  hands.  It  was  happy  for  you,  that  you  left 
under  ground  that  murdering  hatchet  that  has  been  so 
often  dyed  in  tlie  blood  of  the  French.  Hear,  Yonnon- 
dio,  I  do  not  sleep,  I  have  my  eyes  open,  and  the  sun, 
which  enlightens  me,  discovers  to  me  a  great  captain 
at  the  head  of  a  company  of  soldiers,  who  speaks  as  if 
he  were  dreaming.  He  says,  that  he  only  came  to  the 
lake  to  smoke  on  the  great  calumet  with  the  Ononda- 
gas.  But  Garrangula  says,  that  he  sees  the  contrary^, 
that  it  was  to  knock  them  on  the  head,  if  sickness  had 
not  weakened  the  arms  of  the  French. 

I  see  Yonnondio  raving  in  a  camp  of  sick  men^ 
w^hose  lives  the  Great  Spirit  has  saved,  by  inflicting  this 
sickness  on  them.  Hear,  Yonnondio,  our  women  had 
taken  their  clubs,  our  children  and  old  men  had  carried 
their  bows  and  arrows  into  the  heart  of  your  camp,  if 
our  warriours  had  not  disarmed  them,  and  kept  them 
back,  when  your  messenger,  Ohguesse,  came  to  our 
castles.  It  is  done,  and  I  have  said  it.  Hear,  Yonnon* 
dio,  we  plundered  none  of  the  French,  but  those  that 
carried  guns,  powder,  and  ball  to  the  Twightwies  and 
Chictaghicks,  because  those  arms  might  have  cost  us 
our  lives.  Herein  we  follow  the  example  of  the  Jesu- 
its, who  stave  all  the  kegs  of  rum  brought  to  our  csis^- 


History  of  Nm-York. 


ties,  lest  the  drunken  Indians  should  knock  them  on 
the  head.  Our  warriours  have  not  bever  enough  to 
pay  for  all  these  arms  that  they  have  taken,  and  our 
old  men  are  not  afraid  of  the  war.  This  belt  preserver 
my  words. 

"  We  carried  the  English  into  our  lakes,  to  trade 
there  with  the  Utawawas  and  Uuatoghies,  as  the  Adi- 
rondacks  brought  the  Frencli  to  our  castles,  to  carry  on 
a  trade,  which  the  English  say  is  tlieirs.  We  are  born 
free  ;  we  neither  depend  on  Yonnondio  nor  Corlear. 

W^e  may  go  where  we  please,  and  carry  with  u^ 
whom  we  please,  and  buy  and  sell  what  we  please  :  if 
your  allies  be  your  slaves,  use  them  as  such,  command 
them  to  receive  no  other  but  your  people.  This  belt 
preserves  my  words. 

"  We  knocked  the  Twightwies  and  Chictaghicks  on 
the  head,  because  they  had  cut  dow^n  the  trees  of  peace, 
which  were  the  limits  of  our  country.  They  have 
hunted  be  vers  on  our  lands  :  they  hav«  acted  contra- 
ry to  the  customs  of  all  Indians  ;  for  they  left  none  of 
the  bevers  alive,  they  killed  both  male  and  female* 
They  brought  the  Satanas  ^  into  the  country,  to  take 
part  with  them,  after  they  had  concerted  ill  designs 
against  us.  We  have  done  less  than  either  the  English 
or  French,  that  have  usurped  the  lands  pf  so  many  In- 
dian nations,  and  chased  them  from  their  own  country. 
This  belt  preserves  my  words. 

"  Hear,  Yonnondio,  what  I  say,  is  the  voice  of  all 
the  Five  Nations  ;  hear  what  they  answer  ;  open  your 
ears  to  what  they  speak.  The  Senecas,  Cayugas,  On- 
ondagas,  Oneydoes,  and  Mohawks  say,  that  when  they 


*  B)^  the  Freach  called  Sauouoons. 


History  of  New-  York. 


89 


buried  the  hatchet  at  Cadarackui  (in  the  presence  of 
your  predecessor)  in  the  middle  of  the  fort;  they  plant- 
ed the  tree  of  peace  in  the  same  place,  to  be  there 
carefully  preserved,  that,  in  place  of  a  retreat  for  sol- 
diers, that  fort  might  be  a  rendezvous  for  merchants : 
that  in  place  of  arms  and  ammunition  of  war,  beavers 
and  merchandise  should  only  enter  there. 

"  Hear,  Yonnondio,  take  care  for  the  future,  that  so 
great  a  number  of  soldiers  as  appear  there  do  not  choke 
the  tree  of  peace  planted  in  so  small  a  fort.  It  will  be 
a  great  loss,  if,  after  it  had  so  easily  taken  root,  you 
should  stop  its  growth,  and  prevent  its  covering  your 
country  and  ours  with  its  branches.  I  assure  you,  in 
the  name  of  the  Five  Nations,  that  our  warriours  shall 
dance  to  the  calumet  of  peace  under  its  leaves,  and 
shall  remain  quiet  on  their  mats,  and  shall  never  dig  up 
the  hatchet,  till  their  brother  Yonnondio  or  Corlear 
shall  either  jointly  or  separately  endeavour  to  attack 
the  country,  which  the  Great  Spirit  has  given  to  our 
ancestors.  This  belt  preserves  my  words,  and  this 
otherj  the  authority  which  the  Five  Nations  have  given 
me." 

Then  Garrangula,  addressing  himself  to  monsieur 
La  Main,  said  "  Take  courage,  Ohguesse,  you  have 
spirit,  speak,  explain  my  words,  forget  nothing,  tell  all 
that  your  brethren  and  friends  say  to  Yonnondio,  your 
governour,  by  the  mouth  of  Garrangula,  who  loves  you, 
and  desires  you  to  accept  of  this  present  of  beaver,  and 
take  part  with  me  in  my  feast,  to  which  I  invite  you. 
This  present  of  beaver  is  sent  to  Yonnondio,  on  the 
part  of  the  Five  Nations." 

Enraged  at  this  bold  reply,  De  la  Barre  as  soon  as 
the  peace  was  concluded,  retired  to  Monlreal,  and  in- 


Bistory  of  New-YorL 


gloriously  finished  an  expensive  campai£yn,  as  Doctor 
Golden  observes,  in  a  scold  \^  \ih  an  old  Indian. 

De  la  Barre  was  succeeded  by  the  marquis  De  Non- 
Tille,  colonel  of  the  dragoons,  who  arrived  with  a  rein- 
forcement of  troops,  in  168.^.  The  marquis  was  a  man 
6f  courage  and  an  enterprising  spirit,  and  not  a  little 
animated  by  the  consideration,  that  he  was  sent  over  to 
repair  the  disgrace  which  his  predecessor  had  brought 
upon  the  French  colony.  The  year  after  his  arrival  at 
Quebec,  he  wrote  a  letter  to  the  minister  in  France, 
recommending  the  scheme  of  erecting  a  stone  fort,  suf- 
ficient to  contain  four  or  five  hundred  men,  at  Ni- 
agara, not  only  to  exclude  the  English  from  the  lakes, 
but  to  command  the  fur  trade  and  subdue  the  Five 
]^ations.  Dongan,  who  was  jealous  of  his  designsj 
took  umbrage  at  the  extraordinary  supplies  sent  to 
fort  Frontenac,  and  wrote  to  the  French  governour, 
signifying  that  if  he  attacked  the  confederates,  he  would 
consider  it  as  a  breach  of  the  peace  subsisting  between 
the  two  crowns ;  and  to  prevent  his  building  a  fort  at 
INiagara,  he  protested  against  it,  and  claimed  the  coun- 
try as  dependent  upon  the  province.  De  Nouviile,  in 
his  answer,  denied  that  he  intended  to  invade  the  Five 
INationSj  tho'  the  necessary  preparations  for  that  pur- 
p(  se  were  then  carrying  on,  and  yet  Charlevoix  com- 
mends him  for  his  piety  and  uprightness,  egalement 
estimable  (says  the  Jesuit)  pour  sa  valeur^  sa  droitnre  Sf 
supieUr  Colonel  Dongan,  who  knew  the  importance 
of  our  Indian  alliance,  placed  no  confidence  in  the  de- 
clarations of  the  marquis,  but  exerted  himself  in  pre- 
paring the  confederates  for  a  war;  and  the  French  au- 
tlior,  just  mentioned,  does  him  honour,  while  he  com- 
plains of  him  as  a  perpetual  obstacle  in  the  way  of  tiie* 


History  oj  New-York.  91 

execution  of  fheir  schemes.  Our  allies  were  now  tri- 
uaiphing  in  their  success  over  the  Chictaghics,  and  me- 
ditating a  war  with  the  Twightwies,  who  had  disturbed 
them  in  their  beaver  hunting.  De  Nonville,  to  prevent 
the  interruption  of  the  French  trade  witii  the  Twight- 
wies,*  determined  to  divert  the  Five  iVations,  and  carry 
the  war  into  their  country.  To  that  end,  in  1637,  he 
collected  two  thousand  troops  and  six  hundred  Indians 
at  Montreal,  and  issued  orders  to  all  the  officers  in  the 
more  westerly  country,  to  meet  him  with  additional 
succours  at  Niagara,  on  an  expedition  against  the  Sen- 
ecas.  An  English  party,  under  one  M'Gregory,  at  the 
same  ti  ne,  was  gone  out  to  trade  on  the  lakes,  but  the 
French,  notwithstanding  the  peace  then  subsisting  be« 
tween  the  two  crowns,  intercepted  them,  seized  their 
effects,  and  imprisoned  their  persons.  Monsieur  Fon- 
ti,  commandant  among  the  Chictaghics  who  was  com- 
ing to  the  general's  rendezvous  at  Niagara,  did  tha 
like  to  another  English  party,  which  he  met  with  in 
lake  Erie.^  The  Five  Nations,  in  the  mean  time,  were 
preparing  to  give  the  French  army  a  suitable  recep* 
lion.  Monsieur  Companie,  with  two  or  three  hundred 
Canadians,  in  an  advanced  party,  surprised  two  villages 
of  the  confederates,  who,  at  the  invitation,  and  on  the 
faith  of  the  French,  seated  themselves  down  about  eight 
leagues  from  lake  Fadarackui  or  Ontario.  To  pre- 
vent their  escape  with  intelligence  to  their  countrymen, 
they  were  carried  to  the  fort,  and  all  but  thirteen  died 
in  torments  at  the  stake,  singing  with  an  heroick  spirit^ 

*  Both  these  attacks  were  open  infractions  of  the  treaty  at  Whitehall, 
executed  in  November,  1686;  by  which  it  was  agreed  that  the  Indian 
trade  in  America  sliouid  be  free  to  the  English  ami  French. 


History  of  JSew-  York. 


in  their  expiring  moments,  the  perfidy  of  the  French; 
The  rest,  according  to  the  express  orders  of  the  French 
king,  were  sent  to  the  galleys  in  Europe.    The  mar- 
quis having  embarked  his  whole  army  in  canoes,  set  out 
from  the  fort  at  Cadarackui,  on  tlie  23d  of  June,  one 
half  of  them  passing  along  the  north,  and  the  other 
on  the  south  side  of  the  lake ;  and  both  arrived  the 
^ame  day  at  Tyrondequait,  and  shortly  after  set  out  on 
their  march  towards  the  chief  village  of  the  Senecas, 
at  about  seven  leagues  distance.    The  main  body  was 
composed  of  the  regulars  and  militia,  the  front  and 
rear  of  the  Indians  and  traders.    The  scouts  advanced 
the  second  day  of  their  march,  as  far  as  the  corn  of  the 
village,  and  within  pistol  shot  of  five  hundred  Senecas, 
Avho  lay  upon  their  bellies  undiscovered.    The  French, 
w^ho  imagined  the  enemy  were  all  fled,  quickened  their 
march  to  overtake  the  women  and  old  men.    But  iio 
sooner  had  they  reached  the  foot  of  a  hill,  about  a  mile 
from  the  village,  than  the  Senecas  raised  the  war  shout, 
and  in  the  same  instant  charged  upon  the  whole  army, 
both  in  the  front  and  rear.    Universal  confusion  ensu- 
ed.   The  battalions  divided,  fired  upon  each  other,  and 
flew  into  the  wood.    The  Senecas  improved  the  disor- 
der of  the  enemy,  till  they  were  repulsed  by  the 
French  Indians.    According  to  Charlevoix's  account, 
which  may  be  justly  suspected,  the  enemy  lost  but  six 
men,  and  had  twenty  wounded,  in  the  conflict.    Of  the 
Senecas,  he  says,  sixty  were  wounded  and  forty-five 
slain.    The  marquis  was  so  much  dispirited,  that  he 
could  not  be  persuaded  to  pursue  the  enemy  that  day ; 
which  gave  the  Senecas  an  opportunity  to  burn  their 
village  and  get  off.    Two  old  men  remained  in  the  castle 
to  receive  the  general,  and  regale  the  barbarity  of  his 


History  of  New- York. 


93 


Indian  allies.  After  destroying  the  corn  in  this  and  seve- 
ral other  villages,  the  army  retired  to  the  banks  of  the 
lake,  and  erected  a  fort  with  foiu'  bastions  on  the  south- 
east side  of  the  streights  at  Niagara,  in  which  they  left 
one  hundred  men,  under  the  command  of  Le  Chevalier 
de  le  Troye,  with  eight  months  provisions;  but  these 
being  close  blocked  up,  all,  except  seven  or  eight  of 
them,  who  were  accidentally  relieved,  perished  through 
famine/^  Soon  after  this  expedition,  colonel  Dongan 
met  the  Five  Nations  at  Albany.  To  what  intent,  ap- 
pears from  the  speech  he  made  to  them  on  the  5th  of 
August,  which  I  choose  to  lay  before  the  reader,  to 
shew  his  vigilance  and  zeal  for  the  interest  of  his  mas- 
ter, and  the  commonweal  of  the  province  committed 
to  his  care. 

Brethren, 

"  I  am  very  glad  to  see  you  here  in  this  house,  and 
am  heartily  glad  that  you  have  sustained  no  greater 
loss  by  the  French,  though  I  believe  it  was  their  inten- 
tion to  destroy  you  all,  if  they  coidd  have  surprised 
you  in  your  castles. 

"  As  soon  as  I  heard  their  design  to  war  with  you,  I 
gave  you  notice,  and  came  up  hither  myself,  that  I 
might  be  ready  to  give  all  the  assistance  and  advice 
that  so  short  a  time  would  allow^  me. 

*  Nothing  can  be  more  perfidious  and  unjust  than  this  attack  upon 
our  confederates.  The  two  crowns  had  but  just  conckided  a  treaty 
for  the  preservation  of  the  peace  :  La  Hontau,  one  of  the  French  his- 
torians, censures  De  Nonville's  conduct,  and  admits  the  British  title  to 
the  command  of  the  lakes,  but  Charlevoix  blames  hira,  as  he  does 
Hennepio,  De  L'Isle,  and  every  other  author,  who  confesses  the  truth 
to  the  prejudice  of  the  ambitious  claims  of  the  court  of  France, 


94 


History  of  Neiv-YorJc. 


I  am  now  about  sending  a  gentleman  to  England^ 
to  the  king,  my  master,  to  let  him  know,  that  the 
French  have  invaded  his  territories  on  this  side  of  the 
great  lake,  and  warred  upon  the  brethren,  his  subjects* 
I  therefore  would  willingly  know  whether  the  brethren 
ha?e  given  the  governour  of  Canada  any  provocation 
or  not ;  and  if  they  have,  how,  and  in  what  manner  ; 
because  f  am  obliged  to  give  a  true  account  of  this  mat- 
ter. This  business  may  cause  a  war  between  the  king 
of  England,  and  the  French  king,  both  in  Europe  and 
here,  and  therefore  I  must  know  the  truth. 

"  I  know  the  governour  of  Canada  dare  not  enter  in- 
to the  king  of  England^s  territories,  in  a  hostile  manner^ 
without  provocation,  if  he  thought  the  brethren  were 
the  king  of  England^s  subjects ;  but  you  have,  two  or 
three  years  ago,  made  a  covenant  chain  with  the  French^ 
contrary  to  my  command  (which  I  knew  could  not  hold 
long)  being  void  of  itself  among  the  Christians ;  for 
as  much  as  subjects  (as  you  are)  ought  not  to  treat 
with  any  foreign  nation,  it  not  lying  in  your  power. 
You  have  brought  this  trouble  upon  yourselves,  and, 
as  I  believe,  this  is  the  only  reason  of  their  falling  on 
you  at  this  time. 

"  Brethren,  1  took  it  very  ill,  that  after  you  had  put 
yourselves  into  the  number  of  the  great  king  of  England's 
subjects,  you  should  ever  offer  to  make  peace  or  war;^ 
without  my  consent.  You  know  that  we  can  live  with- 
out you  but  you  cannot  live  without  us ;  you  never 
found  that  I  told  you  a  lie,  and  I  offered  you  the  assis- 
tance you  wanted,  provided  that  you  would  be  advised 
by  me;  for  I  know  the  French  better  than  any  of  you 


History  of  New- York. 


95 


Now  since  il^re  is  a  war  begun  upon  you  by  the 
governour  of  Canada,  I  hope  without  any  provocation 
by  you  given,  I  desire  and  command  you,  that  yoiii 
hearken  to  no  tieaty  but  by  my  advice ;  which  if  y<m 
follow,  you  shall  have  the  benefit  of  the  great  chain  of 
friendsliip  between  the  great  king  of  England,  and  the 
king  of  Prance,  which  came  out  of  England  the  other 
day,  and  which  I  have  sent  to  Canada  by  Anthony  le 
Junard  ;  in  the  mean  time,  I  will  give  you  such  advice 
as  will  be  for  your  good ;  and  will  supply  you  with 
such  necessaries  as  you  will  have  need  of. 

^'  1st,  My  advice  is,  as  to  what  prisoners  of  the  French 
you  shall  take,  that  you  draw  not  their  blood,  but  bring 
them  home,  and  keep  tliem  to  exchange  for  your  ]>eo- 
pie,  which  tliey  have  prisoners  already,  or  may  take 
hereafter.'^ 

"  2dly,  That  if  it  be  possible,  that  you  can  order  it  so, 
I  would  have  you  take  one  or  two  of  your  wisest  sa- 
chems, and  one  or  two  of  your  wisest  captains,  of  each 
nation,  to  be  a  council  to  manage  all  affairs  of  the  war. 
They,  to  give  orders  to  the  rest  of  tiie  otBcers  what  they 
are  to  do,  that  your  designs  may  be  kept  private  ;  for 
after  it  comes  among  so  many  people,  it  is  blazed  abroad, 
and  your  designs  are  often  frustrated;  and  those  chief 
men  should  keep  a  correspondence  with  me  by  a  trusty 
Hiessengen 

"  idly,  The  great  matter  imder  consideration  with 
the  brethren,  is,  how  to  strengthen  themselves,  and 
weaken  their  enemy.  My  opinion  is,  that  the  breth- 
ren should  send  messengers  to  the  Utawawas,  Twight- 
wies,  and  the  farther  Indians,  and  to  send  back  likewise 
some  of  the  prisoners  of  these  nations,  if  you  have  any 
left,  to  bury  the  iiatchet^  and  to  make  a  covenant  chain> 


96 


History  of  New- York. 


that  they  may  put  away  all  the  French  that  are  among 
them,  and  that  you  will  open  a  path  for  them  this  way 
(they  being  the  king  of  England's  subject  likewise, 
though  the  French  have  been  admitted  to  trade  with 
Ihem ;  for  al]  that  the  French  have  in  Canada,  they  had 
it  of  the  great  king  of  England)  that,  by  that  means, 
they  may  come  hither  freely,  where  they  may  have 
every  thing  cheaper  than  among  the  French  :  that  you 
and  they  may  join  together  against  the  French,  and 
make  so  firm  a  league,  that  whoever  is  an  enemy  to  one, 
must  be  to  both. 

4thly,  Another  thing  of  concern  is,  that  you  ought 
to  do  what  you  can  to  open  a  path  for  all  the  nor(h  In- 
dians and  Mahikanders  that  are  among  the  Utawawas 
and  further  nations.  I  will  endeavour  to  do  the  same 
to  bring  them  home.  For,  they  not  daring  to  return 
home  your  way,  the  French  keep  them  there  on  pur- 
pose to  join  with  the  other  nations  against  you,  for  your 
destruction ;  for  you  know,  that  one  of  them  is  worse 
than  six  of  the  others  ;  therefore  all  means  must  be  used 
to  bring  them  home,  and  use  them  kindly  as  they  pass 
through  your  country. 

"  5thly,  My  advice  furtlier,  is,  that  messengers  go,  in 
behalf  of  all  the  Five  Nations,  to  the  Christian  Indians 
in  Canada  to  persuade  them  to  come  home  to  their  na- 
tive country.  This  will  be  another  great  means  to  weak- 
en your  enemy ;  but  if  they  will  not  be  advised,  you 
know  what  to  do  with  them. 

"  6thly,  I  think  it  very  necessary,  for  the  brethren's 
security  and  assistance,  and  to  the  endamaging  the 
French,  to  build  a  fort  upon  the  lake,  where  I  may  keep 
stores  and  provisions  in  case  of  necessity  ;  and  therefore 
I  would  have  the  brethren  let  me  know  what  place  will 
be  most  convenient  for  it. 


History  of  New-York. 


S7 


7thly,  I  would  not  have  the  brethren  keep  then-  corn 
in  their  castles,  as  I  hear  the  Onondagas  do,  but  bury  it  a 
great  way  in  the  woods,  where  few  people  may  know 
where  it  is,  for  fear  of  such  an  accident  as  has  happened 
to  the  Senecas. 

8thly,  I  have  given  my  advice  in  your  general  as- 
sembly, by  Mr.  Dirk  Wessels  and  Akus,  the  interpre- 
ter, how  you  are  to  manage  your  parties,  and  how  ne- 
cessary it  is  to  get  prisoners,  to  exchange  for  your  own 
men  that  are  prisoners  with  the  French,  and  I  am  glad 
to  hear  that  the  brethren  are  so  united  as  Mr.  Dirk 
Wessels  tells  me  you  are,  and  that  there  were  no  rotten 
members  nor  French  spies  among  you. 

"  9thly,  The  brethren  may  remember  my  advice> 
which  I  sent  you  this  spring,  not  to  go  to  Cadarackui ; 
if  you  had,  they  would  have  served  you  as  they  did 
your  people  that  came  from  hunting  thither,  for  I  told 
you  that  I  knew  the  French  better  than  you  did. 

"  lOthly,  There  was  no  advice  or  proposition  that  I 
made  to  the  brethren  all  the  time  that  the  priest  lived 
at  Onondaga,  but  what  he  wrote  to  Canada,  as  I  found 
by  one  of  his  letters,  which  he  gave  to  an  Indian  to  car- 
ry to  Canada,  but  which  was  brought  hither  ;  therefore, 
T  desire  the  brethren  not  to  receive  him,  or  any  French 
priest  any  more,  having  sent  for  English  priests,  with 
whom  you  may  be  supplied  to  your  content. 

"  llthly,  I  would  have  the  brethren  look  out  sharp, 
for  fear  of  being  surprised.  I  believe  all  the  strength 
of  the  French  will  be  at  their  frontier  places,  viz.  at  Ca- 
darackui and  Oniagara,  w^here  they  have  built  a  forf 
now,  and  at  Trois  Rivieres,  Montreal  and  Chambly. 

13 


98 


Hidory  of  New-York. 


12tlily,  Let  me  put  you  in  mind  again,  not  to  make 
any  treaties  without  my  means,  tvlilch  will  be  more  ad- 
vantageous for  you,  than  your  doing  it  for  yomselves, 
for  then  you  will  be  looked  upon  as  the  king  of  Eng- 
land's subjects,  and  let  me  know,  from  tinie  to  time, 
every  thing  that  is  done. 

"  Thus  far  I  have  spoken  to  you  relating  to  the  war." 

Not  long  after  this  interview,  a  considerable  party  of 
Mohawks  and  Mahikanders,  or  River  Indians,  beset 
fort  Chambly,  burnt  several  houses,  and  returned  with 
many  captives  to  Albany.  Forty  Onondagas,  about 
the  same  time,  surprised  a  few  soldiers  near  fort  Fron- 
tenac,  whom  they  confined  instead  of  the  Indians  sent 
home  to  the  galleys,  notwithstanding  the  utmost  address 
was  used  to  regain  them,  by  Lamberville,  a  French 
priest,  who  delivered  them  two  belts,  to  engage  their 
kindness  to  the  prisoners,  and  prevent  their  joining  the 
quarrel  with  the  Senecas.  The  belts  being  sent  to  colonel 
Dongan,  he  wrote  to  De  Nonville,  to  demand  the  reason 
of  their  being  delivered.  Pere  le  Yaillant  was  sent  here 
about  the  beginning  of  the  year  1688,  under  colour  of 
bringing  an  answer,  but  in  reality  as  a  spy.  Col.  Don- 
gan told  him,  that  no  peace  could  be  made  with  the  Five 
Nations,  unless  the  Indians  sent  to  the  galleys,  and  the 
Caghnuaga  proselytes  were  returned  to  their  respec- 
tive contons,  the  forts  at  Niagara  and  Frontenac  razed 
and  the  Senecas  had  satisfaction  made  them,  for  the 
damage  they  had  sustained.  The  jesuit,  in  his  return, 
was  ordered  not  to  visit  the  Mohawks. 

Dongan,  who  was  fully  sensible  of  the  importance  of 
the  Indian  interest  to  the  English  colonies,  was  for  com- 
pelling the  French  to  apply  to  him  in  all  their  affairs 
with  the  Five  Nations  ;  wliile  they,  on  the  other  hand. 


History  of  New- York. 


99 


were  for  treating  with  them  independent  of  the  Eng- 
lish. For  this  reason,  among  others,  he  refused  them 
the  assistance  they  frequently  required,  till  they  ac- 
knowledged the  dependence  of  the  confederates  on  the 
English  crown.  King  James,  a  poor,  bigotted,  popish, 
priestridden  prince,  ordered  his  governour  to  give  up  thi^ 
point,  and  to  persuade  the  Five  Nations  to  send  messen- 
gers to  Canada,  to  receive  proposals  of  peace  from  the 
French.  For  this  purpose  a  cessation  of  arms  and  mu- 
tual redelivery  of  prisoners  was  algreed  upon.  Near 
twelve  hundred  of  the  confederates  attended  this  nego* 
cidtion  at  Montreal,  and  in  their  speech  to  De  Nonville, 
insisted,  with  great  resolution,  upon  the  terms  proposed 
by  colonel  Dongan  to  father  Le  Vaillant.  The  French 
governour  declared  his  willingness  to  put  an  end  to  the 
war,  if  all  his  allies  might  be  included  in  the  treaty  of 
peace,  if  the  Mohawks  and  Senecas  would  send  depu- 
ties  to  signify  their  concurrence,  and  the  French  might 
supply  fort  Frontenac  with  provisions.  The  confede- 
rates, according  to  the  French  accounts,  acceded  to 
these  condition?,  and  the  treaty  was  ratified  in  the  field. 
But  a  new  rupture  not  long  after  ensued,  from  a  cause 
entirely  unsus})ected.  The  Dinondadies  had  lately  in- 
clined to  the  English  trade  at  Messilimakinac,  imd  their 
alliance  was  therefore  become  suspected  by  the  French. 
Adario,  their  cliief,  thouglit  to  rvegain  the  ancient  confi- 
dence which  had  been  reposed  in  his  countrymen,  by  a 
notable  action  against  the  Five  Nations  ;  and  for  that 
purpose  put  himself  at  the  head  of  one  hundred  men  : 
^lotliing  was  more  disagreable  to  him  than  the  prospect 
of  peace  between  tlie  French  and  the  confederates  ;  for 
that  event  would  not  only  render  the  amity  of  the  Di- 
nondadies  useless,  but  give  the  French  an  opportunity 


100 


History  of  New- York. 


of  resenting  their  late  favourable  conduct  towards  the 
English.  Impressed  with  these  sentiments,  out  of  af- 
fection to  his  country,  he  intercepted  the  ambassadours 
of  the  Five  Nations,  at  one  of  the  falls  in  Cadarackui 
river,  killed  some,  and  took  others  prisoners,  telling 
them  that  the  French  governour  had  informed  him,  that 
fifty  warriours  of  the  Five  Nations  were  coming  that 
way.  As  the  Dinondadies  and  confederates  were  then 
at  war,  the  ambassadours  were  astonished  at  the  perfidy 
pf  the  French  governour,  and  could  not  help  communi- 
cating the  design  of  their  journey.  Adario,  in  prosecu- 
tion of  his  crafty  scheme,  counterfeited  the  utmost  dis- 
tress, anger,  and  shame,  on  being  made  the  ignominious 
tool  of  De  Nonville^s  treachery,  and  addressing  himself 
to  Dekanesora,  the  principal  ambassadour,  said  to  him, 
*^  Go,  my  brethren,  I  untie  your  bonds,  and  send  you 
home  again,  though  our  nations  be  at  war.  The  French 
governour  has  made  me  commit  so  black  an  action, 
that  I  shall  never  be  easy  after  it,  till  the  Five  Nations 
shall  have  taken  full  revenge."  This  outrage  and  indig- 
nity upon  the  rights  of  ambassadours,  the  truth  of  which 
they  did  not  in  the  least  doubt,  animated  the  confede- 
rates to  the  keenest  thirst  after  revenge ;  and  accord- 
ingly twelve  hundred  of  their  men,  on  the  26th  of  July, 
168B,  landed  on  t  he  south  side  of  the  island  of  Montreal, 
while  the  French  were  in  perfect  security  ;  burnt  their 
houses,  sacked  their  plantations,  and  put  to  the  sword 
all  the  men,  women,  and  children,  without  the  skuts  of 
the  town,  A  thousand  French  were  slain  in  this  inva- 
sion, and  twenty-six  carried  into  captivity  and  burnt 
alive.  Many  more  were  made  prisoners  in  another  at- 
tack in  October,  and  tiie  lower  part  of  the  island  whol- 


History  of  Nerv-YorTc. 


101 


ly  destroyed.  Only  three  of  the  confederates  were 
lost,  in  all  this  scene  of  misery  and  desolation."^^ 

Never  before  did  Canada  sustain  such  a  heavy  blow, 
Tlie  news  of  this  attack  on  Montreal  no  sooner  reach- 
ed the  garrison  at  the  lake  Ontario,  than  they  set  fire  to 
the  two  barks,  which  they  had  built  there,  and  abandon- 
ed the  fort,  leaving  a  match  to  twenty-eight  barrels  of 
powder,  designed  to  blow  up  the  works.  The  soldiers 
went  down  the  river  in  such  precipitation,  that  one  of 
the  battoes  and  her  crew  were  all  lost  in  shooting  a  fall. 
The  confederates  in  the  mean  time  seized  the  fort,  the 
powder  and  the  stores  ;  and  of  all  the  French  allies, 
who  were  vastly  numerous,  only  the  Nepicirinians  and 
Kikabous  adhered  to  them  in  their  calamities.  The 
Utawawas  and  seven  other  nations  instantly  made  peace 
Vv^ith  the  English  ;  and  but  for  the  uncommon  sagacity 
and  address  of  the  sieur  Perot,  the  western  Indians 
would  have  murdered  every  Frenchman  among  them. 
Nor  did  the  distresses  of  the  Canadians  end  here.  Nu- 
merous scouts  from  the  Five  Nations,  continually  in- 
fested their  borders.  The  frequent  depredations  that 
were  made,  prevented  tliem  from  the  cidtivation  of  their 
fields,  and  a  distressing  famine  raged  through  the  whole 
country.  Nothing  but  the  ignorance  of  the  Indians  in 
the  art  of  attacking  fortified  places,  saved  Canada  from 
being  now  utterly  cut  off.  It  was  tlierefore  unspeaka^ 
ably  fortunate  to  the  French,  that  the  Indians  had  no 
assistance  from  the  English,  and  as  unfortimate  to  us, 

*  I  have  followed  Dr.  Coklen  in  the  account  of  this  attack,  ^vho  dif- 
fers from  Charlevoix.  That  jesuit  tells  ug,  that  the  invasion  was  late 
in  August,  and  the  Indians  fifteen  hundred  strong  ;  and  as  to  the  loss 
of  the  French,  he  diminishes  it  only  to  two  hundred  souls. 


102  History  of  New- York. 

that  our  colonies  were  then  incapable  of  affording  suc- 
cours to  the  confederates,  through  the  malignant  influ- 
ence of  those  execrable  measures,  which  were  pursued 
under  the  infamous  reign  of  king  James  the  second. 
Colonel  Dongan,  whatever  his  conduct  might  have  been 
in  civil  aSairs,  did  all  that  he  could  in  those  relating  to 
the  Indians,  and  fell  at  last  into  the  king's  displea- 
sure, through  his  zeal  for  the  true  interest  of  the  pro- 
vince. 

Wiiile  these  things  were  transacting  in  Canada,  a 
scene  of  the  greatest  importance  was  opening  at  New- 
York.  A  general  disaffection  to  the  government  pre- 
vailed among  the  people.  Papists  began  to  settle  in 
the  colony  under  the  smiles  of  the  governour.  The  col- 
lector of  the  revenues,  and  several  principal  officers, 
threw  off  the  mask,  and  openly  avowed  their  attach- 
ment to  the  doctrines  of  Rome.  A  Latin  school  was 
set  up,  and  the  teacher  strongly  suspected  for  a  Jesuit. 
The  people  of  Long  Island,  who  were  disappointed  in 
their  expectation  of  mighty  boons,  promised  by  the 
governour  on  his  arrival,  were  become  his  personal 
enemies ;  and,  in  a  word,  the  whole  body  of  the  peo- 
ple trembled  for  the  protestant  cause.  Here  the  lea- 
ven of  opposition  first  began  to  work.  Their  intel- 
ligence from  England,  of  the  designs  tliere  in  favour 
of  the  prince  of  Orange,  blew  up  the  coals  of  discon- 
tent, and  elevated  the  hopes  of  the  disaffected.  But 
no  man  dared  to  spring  in  action,  till  after  the  rup- 
ture in  Boston.  Sir  Edmond  Andross,  who  was  per- 
fectly devoted  to  the  arbitrary  measures  of  king 
James,  by  his  tyranny  in  New-England,  had  drawn 
upon  himself  the  universal  odium  of  the  people,  an- 
imated with  the  love  of  liberty  and  in  the  defence  of 


History  of  New-York. 


JQ3 


it  resolute  and  courageous  ;  and,  therefore,  when  they 
could  no  longer  endure  his  despotick  rule,  they  seiz- 
ed and  imprisoned  him,  and  afterwards  sent  him  to 
England,  The  government,  in  the  mean  time,  was  vest- 
ed in  the  hands  of  a  committee  for  the  safety  of  the 
people,  of  which  Mr.  Bradstreet,  was  chosen  presi- 
dent. Upon  the  news  of  this  event,  several  captains 
of  our  militia  convened  themselves  to  concert  mea- 
sures in  favour  of  the  prince  of  Orange.  Among 
these,  Jacob  Leisler,  was  the  most  active.  He  was  a 
man  in  tolerable  esteem  among  the  people,  and  of 
a  moderate  fortune,  but  destitute  of  every  qualilica- 
tion  necessary  for  the  enterprise.  Milix)rne,  his  son 
in  law,  an  Englishman,  directed  all  his  councils, 
while  Leisler  as  absolutely  influenced  the  other  offi- 
cers. 

The  first  thing  they  contrived,  was  to  seize  the 
garrison  in  New- York  ;  and  the  custom,  at  that  time, 
of  guarding  it  every  night  by  the  militia,  gave  Leis- 
ler a  fine  opportuiiity  of  executing  the  design.  He 
entered  it  with  forty-nine  men,  and  determined  to 
hold  it  till  the  whole  militia  should  join  him.  Colo- 
nel Dongan,  who  was  about  to  leave  the  province, 
then  lay  embarked  in  the  bay,  having  a  little  be- 
fore resigned  the  government  to  Francis  Nicholson, 
the  lieutenant  governour.  The  council,  civil  officers, 
and  magistrates  of  the  city,  were  against  Leisler, 
and  therefore  many  of  his  friends  were  at  first  fear- 
ful of  openly  espousing  a  cause  disapproved  by  the 
gentlemen  of  figure.  For  this  reason,  Leisler's  first  de- 
claration in  favour  of  the  prince  of  Orange,  was  sub- 
scribed only  by  a  few,  among  several  companies  of 
the  trained  bands.    While  the  people,  for  four  days 


104 


History  of  New-York. 


successively,  were  in  the  utmost  perplexity  to  deter- 
mine what  part  to  choose,  being  solicited  by  Leisler 
on  the  one  hand,  and  threatened  by  the  lieutenant 
governour  on  the  other,  the  town  was  alarmed  with 
a  report  that  three  ships  were  coming  up  with  or- 
ders from  the  prince  of  Orange.  This  falsehood  was 
very  seasonably  propagated  to  serve  the  interest  of 
Leislei;;  for,  on  that  day,  the  3d  of  June,  1689,  his 
party  was  augmented  by  the  addition  of  six  captains 
and  four  hundred  men  in  New- York,  and  a  compa- 
ny of  seventy  men  from  East  Chester,  who  all  subscrib- 
ed a  second  declaration,"^  mutually  covenanting  to 
hold  the  fort  for  the  prince.  Colonel  Dongan  continu- 
ed till  this  time  in  the  harbour,  waiting  the  issue  of 
these  commotions  ;  and  Nicholson's  party  being  now 
unable  to  contend  with  their  opponents  wete  totally 
dispersed,  the  lieutenant  governour  himself  absconding, 
the  very  night  after  ihe  last  declaration  was  signed. 

I  have  taken  an  exact  copy  of  it  for  the  satisfaction  of  the  reader* 
"  Whereas  our  intention,  tended  only  but  to  the  preservation  of  the 
protestant  religion,  and  the  fort  of  this  ciity,  to  the  end  that  we  may 
avoid  and  prevent,  the  rash  jad^rment  of  tlie  world,  in  so  just  a  design ; 
wee  have  thought  fiit  to  let  every  body  know  by  these  publick  pro- 
clamation, that  till  tlie  safe  arryvell  of  the  ships,  that  wee  expect  eve- 
ry day,  from  his  royal  highness  the  prince  of  Orange,  w  itii  orders  for 
the  government  of  this  country  in  the  behalf  of  ^uch  person,  as  the  said 
royal  highness  had  chosen,  and  honoured  with  the  charge  of  a  gover- 
nour, that  as  soon  as  the  bearer  of  the  said  orders,  shall  have  let  us  see 
his  power,  then,  and  without  any  delay,  we  shall  execute  the  said  or- 
ders punctually ;  declaring  that  we  do  intend  to  submit  and  obey,  not 
only  the  said  orders,  but  also  the  bearer  thereof,  committed  for  the  ex- 
ecution of  the  same.  In  witness  hereof,  w  e  have  signed  these  pre- 
sents, the  third  of  June,  1 689. 


History  of  New- York. 


Leisler  being  now  in  complete  possession  of  the  fort, 
sent  home  an  address  to  king  William  and  queen  Ma- 
ry, as  soon  as  he  received  the  news  of  their  accession  to 
the  throne.  It  is  a  tedious,  incorrect,  ill-drawn  narra- 
tive of  the  grievances  which  the  people  had  endured^ 
and  the  methods  lately  taken  to  secure  themselves^  end* 
ing  with  a  recognition  of  the  sovereignty  of  the  king 
and  queen  over  the  whole  English  dominions. 

This  address  was  soon  followed  by  a  private  letter 
from  Leisler  to  king  William,  which,  in  very  broken 
English,  informs  his  majesty  of  the  state  of  the  garri* 
son,  the  repairs  he  had  made  to  it,  and  the  temper  of  the 
people,  and  concludes  with  strong  protestations  of  his 
sincerity,  loyalty,  and  zeal.  Jost  Stoll,  an  ensign,  on 
the  deliveiy  of  this  letter  to  the  king,  had  the  honour 
to  kiss  his  majesty's  hand,  but  Nicholson,  the  lieutenant 
governour,  and  one  Ennis,  an  episcopal  clergyman,  ar- 
rived in  England  before  him  ;  and  by  falsely  represent- 
ing the  late  measures  in  New-York,  as  proceeding 
rather  from  their  aversion  to  the  church  of  England, 
than  zeal  for  the  prince  of  Orange,  Leisler  and  his  par- 
ty missed  the  rewards  and  notice  which  their  activity 
for  the  revolution  justly  deserved*  For  though  the  king 
made  Stoll  the  bearer  of  his  thanks  to  the  people  for 
their  fidelity,  he  so  little  regarded  Leisler's  complaints 
against  Nicholson,  that  he  was  soon  after  preferred  to 
the  government  of  Virginia.  Dongan  returned  to  Ire- 
land, and,  it  is  said,  succeeded  to  the  earldom  of  Lime* 
rick. 

Leisler's  sudden  investiture  with  supreme  power 
over  the  province,  and  the  probable  prospects  of  king 
William's  approbation  of  his  conduct,  could  not  but  ex- 
cite the  envy  and  jealousy  of  the  lat^  council  and  ma- 

14 


106 


History  of  New-Yorlc. 


gistrates,  who  had  refused  to  join  in  the  glorious  wort  of 
the  revolution  ;  and  hence  the  spring  of  all  their  aver- 
sion, both  to  the  man  and  his  measures.    Colonel  Bay- 
ard, and  Courtland,  the  mayor  of  the  city,  were  at  the 
head  of  his  opponents,  and  finding  it  impossible  to  raise 
a  party  against  him  in  the  city,  they  very  early  retired 
to  Albany,  and  there  endeavoured  to  foment  the  oppo- 
sition.   Leisler,  on  the  other  hand,  fearful  of  their  in- 
fluence>  and  to  extinguish  the  jealousy  of  the  people, 
thought  it  prudent  to  admit  several  trusty  persons  to  a 
participation  of  that  power,  which  the  militia  on  the  1st 
of  July  had  committed  solely  to  himself.     In  conjunc- 
tion wath  these,  (who,  after  the  Boston  example,  were 
called  the  committee  of  safety)  he  exercised  the  go* 
Ternment,  assuming  to  himself  only  the  honour  of  being 
president  in  their  councils.    This  model  continued  till 
the  month  of  December,  when  a  packet  arrived  with  a 
letter  from  the  lords  Carmarthen,  Halifax,  and  otheis, 
directed  "  to  Francis  Nicholson,  esq  ;  or  in  his  absence, 
to  such  as  for  the  time  being,  take  care  for  preserving 
the  peace  and  administering  the  laws,  in  their  majes- 
ties' province  of  JNew-York,  in  America."    This  letter 
was  dated  the  29th  of  July,  and  was  accompanied  with 
another  from  lord  Nottingham,  dated  the  next  day, 
which,  after  empowering  Nicholson  to  take  upon  him 
the  chief  command,  and  to  appoint  for  his  assistance  as 
many  of  the  principal  freeholders  and  inhabitants  as  he 
should  think  fit,  requiring  also  "  to  do  every  thing  ap- 
pertaining to  the  office  of  lieutenant  governour,  accord- 
ing to  the  laws  and  customs  of  New-York,  until  further 
orders." 

Nicholson  being  absconded  when  this  packet  came  to 
liand^  Leisler  considered  the  letter  as  directed  to  him- 


History  of  New-Fork* 


self,  and  from  this  time  issued  all  kinds  of  Commissions 
in  his  own  name,  assuming  the  title,  as  well  as  authori- 
ty, of  lieutenant  governour.  On  the  11th  of  December, 
he  summoned  the  committee  of  safety,  and  agreeable 
to  their  advice,  swore  the  following  persons  for  his 
council  :  Peter  de  Lanoy,  Samuel  Staats,  Hendrick 
Jansen,  and  Johannes  Yermilie,  for  New- York.  Ge- 
Tardus  Beekman,  for  King's  county.  For  Queen's  coun- 
ty, Samuel  Edseh  Thomas  Williams,  for  Westchester. 
William  Law  rence,  for  Orange  county* 

Except  the  eastern  inhabitants  of  Long  Island,  all 
the  southern  part  of  the  colony  cheerfully  submitted 
to  Leister's  command.  The  principal  freeholders,  how- 
ever, by  their  respectful  letters,  gave  him  hopes  of  their 
submission,  and  thereby  prevented  his  betaking  himself 
to  arms,  while  they  were  privately  soliciting  the  colony 
of  Connecticut  to  take  them  under  its  jurisdiction.  They 
had  indeed  no  aversion  to  Leisler's  authority,  in  favour 
of  any  other  party  in  the  province,  but  were  willing  to 
be  incorporated  with  a  people  from  whence  they  had 
originally  colonized ;  and,  tiierefore,  as  soon  as  Con- 
necticut declined  their  request,  they  openly  appeared 
to  be  advocates  for  Leisler.  At  this  juncture  the  Long 
Island  representation  was  drawn  up,  which  I  have  more 
than  once  had  occasion  to  mention. 

The  people  of  Albany,  in  the  mean  time,  were  de- 
termined to  hold  the  garrison  and  city  for  king  Wil- 
liam, independent  of  Leisler,  and  on  the  26th  of  Octo- 
ber, which  was  before  the  packet  arrived  from  lord 
Nottingham,  formed  themselves  into  a  convention  for 
that  purpose.  As  Leisler's  attempt  to  reduce  this  coun- 
try to  his  command,  was  the  original  cause  of  the  fu- 
ture divisions  in  the  province,  and  in  the  end  brought 


108 


ITistory  oj  New- York. 


about  his  own  ruin,  it  may  not  be  improper  to  see  the 
resolution  of  the  convention,  a  copy  of  which  was  sent 
4own  to  him  at  large. 


Lieut.  Robert  Sanderse, 

"  Resolved,  since  we  are  informed  by  persons  con> 
ing  from  New- York,  that  captain  Jacob  Leisler  is  de- 
signed to  send  up  a  compainy  of  airmed  men,  upon  pre- 
tence to  assist  us  in  this  country,  who  intend  to  make 
themselves  master  of  their  majesties'  fort  and  this  city, 
and  carry  divers  persons  and  chief  officers  of  this  city, 
prisoners  to  New-York,  and  so  disquiet  and  disturb 
their  majesties*  liege  people,  that  a  letter  be  writ  to  al- 
dejrman  Levinus  Van  Schaic,  now  at  New- York,  and 
lieutenant  Jochim  Staets,  to  make  narrow  enquiry  of  the 
business,  and  to  signify  to  the  said  Leisler,  that  we  have 
received  such  information  ;  and  withal  acquaint  him, 
that  notwithstanding  we  have  the  assistance  of  ninety-^ 
five  men  from  our  neighbours  of  New-England,  who 
are  now  gone  for,  and  one  hundred  men  upon  occasion, 
to  command,  from  the  county  of  Ulster,  which  we 
think  will  be  sufficient  this  winter,  yet  we  will  willingt 
ly  accept  any  such  assistance  as  they  shall  be  pleased 
to  send  for  the  defence  of  their  majesties'  county  of 
Albany  :  Provided,  they  be  obedient  to,  and  obey  such 
orders  and  commands,  as  they  shall,  from  time  to  time^ 
r^ceiive  from  the  convention  ;  and  that  by  no  means 


Peter  Schuyler,  Mayor, 
Dirk  Wessels,  Recorder, 
Jan  Wandal, 
Jan  Jaosen  Bleeker, 
KiUian  V.  Renslaer,  J ustice, 
Capt.  Marte  Gerritse,  Justice, 
Capt.  Gerrit  Tunisse, 
Dirk  Tunisse,  Justice, 


Claes  Ripse, 
David  Schuyler, 
Albert  Ryckman, 


Rynier  Barentse. 


John  Cuyler, 

Gerrit  Ryerse, 
Evert  Banker, 


Aldermen, 


Hislory  of  New-York. 


109 


they  will  be  admitted,  to  have  the  command  of  their 
majesties'  fort  or  this  city  ;  which  we  intend,  by  God's 
assistance,  to  keep  and  preserve  for  the  behoof  of  their 
majesties  William  and  Mary,  king  and  queen  of  Eng- 
land, as  we  hitherto  have  done  since  their  proclamation  ; 
and  if  you  hear,  that  they  persevere  with  such  inten- 
tions, so  to  disturb  the  inhabitants  of  this  county,  that 
you  then,  in  the  name  and  behalf  of  the  convention  and 
inhabitants  of  the  city  and  county  of  Albany,  protest 
against  the  said  Leisler,  and  all  such  persons  that  shall 
make  attempt,  for  all  losses,  damages,  bloodshed,  or 
whatsoever  mischiefs  may  ensue  thereon ;  which  you 
are  to  communicate  with  all  speed,  as  you  perceive 
their  design." 

Taking  it  for  granted,  that  Leisler  at  New-York, 
and  the  convention  at  Albany,  were  equally  affected 
to  the  revolution,  nothing  could  be  more  egregiously 
foolish,  than  the  conduct  of  both  parties,  who,  by  their 
intestine  divisions,  threw  the  province  into  convulsions, 
and  sowed  the  seeds  of  mutual  hatred  and  animosity, 
which,  for  a  long  time  after,  greatly  embarrassed  the 
publick  affairs  of  the  colony.  When  Albany  declared 
for  the  prince  of  Orange,  there  was  nothing  else  that 
Leisler  could  properly  require  :  and  rather  than  sacri- 
fice the  publick  peace  of  the  province,  to  the  trifling 
honour  of  resisting  a  man  who  had  no  evil  designs,  Al- 
bany ought  in  prudence  to  have  delivered  the  garrison 
into  his  hands,  till  the  king's  definitive  orders  should  ar- 
rive. But  while  Leisler,  on  the  one  hand,  was  inebri- 
ated with  his  new  gotten  power,  so  on  the  other,  Bay- 
ard, Courtland,  Schuyler,  and  others,  could  not  brook, 
a  submission  to  the  authority  of  a  man,  mean  in  his 
abilities,  and  inferiour  in  his  degree.    Animated  by 


110 


History  of  New-Yorh 


these  principles,  both  parties  prepared,  the  one  to  re- 
duce, if  I  may  use  the  expression,  the  other  to  retain, 
the  garrison  of  Albany.  Mr.  Livingston,  a  principal 
agent  for  the  convention,  retired  into  Connecticut,  to 
solicit  the  aid  of  that  colony  for  the  protection  of  the 
frontiers  against  the  French.  Leisler  suspecting  that 
they  were  to  be  used  against  him,  endeavoured  not  on- 
ly to  prevent  these  supplies,  but  wrote  letters,  to  have 
Livingston  apprehended  as  an  enemy  to  the  reigning 
powers,  and  to  procure  succours  from  Boston,  falsely 
represented  the  convention  as  in  the  interest  of  the 
French  and  king  James. 

Jacob  Milborne  was  commissioned  for  the  reduction 
of  Albany.  Upon  his  arrival  there,  a  great  number  of 
the  inhabitants  armed  themselves  and  repaired  to  the 
fort,  then  commanded  by  Mr.  Schuyler,  while  many 
others  followed  the  other  members  of  the  convention 
to  a  conference  with  him  at  the  city  hall.  Milborne^ 
to  proselyte  the  crowd,  declaimed  much  against  king 
James,  popery,  and  arbitrary  power  ;  but  liis  oratory 
was  lost  upon  the  hearers,  who,  after  several  meetings, 
still  adhered  to  the  convention.  Milborne  then  ad- 
vanced with  a  few  men  up  to  the  fort,  and  Mr.  Schuy- 
ler had  the  utmost  difficulty  to  prevent  both  his  own 
men,  and  the  Mohawks,  who  were  then  in  Albany,  and 
perfectly  devoted  to  his  service,  from  firing  upon  Mil- 
borne's  party,  which  consisted  of  an  inconsiderable 
number,  In  these  circumstances,  he  thought  proper  to 
retreat,  and  soon  after  departed  from  Albany.  In  the 
spring  he  commanded  another  party  upon  the  same  er- 
rand, and  the  distress  of  the  country  upon  an  Indian 
iiTuption,  gave  him  all  the  desired  success.  No  sooner 
was  he  possessed  of  the  garrison,  than  most  of  the  prin^ 


History  of  New-York. 


Ill 


cipal  members  of  the  convention  absconded.  Upon 
which,  their  effects  were  arbitrarily  seized  and  confis- 
cated, which  so  highly  exasperated  the  sufferers,  that 
theii'  posterity,  to  this  day,  cannot  speak  of  these  trou- 
bles, without  tlie  bitterest  invectives  against  Leisler 
and  all  his  adherents. 

In  the  midst  of  those  intestine  confusions  at  New- 
York,  the  people  of  New-England,  were  engaged  in  a 
war  with  the  Owenagimgas,  Ourages,  and  Penocaks. 
Between  these  and  the  Schakook  Indians,  there  was  then 
a  friendly  communication,  and  the  same  was  suspected 
of  the  Mohawks,  among  whom  some  of  the  Owenagun- 
gas  had  taken  sanctuary.  This  gave  rise  to  a  confer- 
ence between  several  commissioners  from  Boston,  Ply- 
mouth, and  Connecticut,  and  the  Five  Nations,  at  Al- 
bany, in  September,  1689,  the  former  endeavouring  to 
engage  the  latter,  against  those  eastern  Indians,  who 
were  then  at  war  with  the  New-England  colonies* 
Tahajadoris,  a  Mohawk  sachem,  in  a  long  oration,  an- 
swered the  English  message,  and,  however  improbable 
it  may  seem  to  Europeans,  repeated  all  that  had  been 
said  the  preceding  day.  The  art  they  have  in  assisting 
their  memories  is  this.  The  sachem  who  presides,  has 
a  bundle  of  sticks  prepared  for  the  purpose,  and  at  th^ 
close  of  every  principal  article  of  the  message  delivered 
to  them,  gives  a  stick  to  another  sachem  charging  him 
with  remembrance  of  it.  By  this  means  the  oratour,  af- 
ter a  previous  conference  with  the  Indians,  is  prepared 
to  repeat  every  part  of  the  message,  and  give  it  its  pro- 
per reply.  This  custom  is  invariably  pursued  in  all 
their  publick  treaties. 

The  conference  did  not  answer  the  expectation  of  the 
peopk  of  New-England,  the  Five  Nations  discovering 


112 


History  oj  New- York. 


a  great  disinclination  to  join  in  the  hostilities  against  the 
eastern  Indians.  To  atone  for  which,  they  gave  the 
highest  protestations  of  their  willingness  to  distress  tlie 
French,  against  whom  the  English  had  declared  war,  on 
the  7th  of  May  preceding.  That  part  of  the  speech 
ratifying  their  friendship  with  the*  English  colonies,  is 
singularly  expressed.  "  We  promise  to  preserve  the 
chain  inviolably,  and  wish  that  the  sun  may  always 
shine  in  peace  over  all  our  heads  that  are  comprehend- 
ed in  this  chain.'^  We  give  two  belts.  One  for  the 
sun,  and  the  otiier  for  its  beams*  We  make  fast  the 
roots  of  the  tree  of  peace  and  tranquility  which  is  plant- 
ed in  this  place.  Its  roots  extend  as  far  as  the  utmost 
of  your  colonies  ;  if  the  French  should  come  to  shake 
this  tree,  we  would  feel  it  by  the  motion  of  its  roots, 
which  extend  into  our  country.  But  we  trust  it  will 
not  be  in  the  governour  of  Canada's  power  to  shake 
this  tree,  which  has  been  so  firmly,  and  long  planted 
with  us." 

Nothing  could  have  been  more  advantageous  to  these 
colonies,  and  especially  to  New- York,  than  the  late  suc- 
cess of  the  Five  Nations  against  Canada.  The  mise- 
ries to  which  the  French  were  reduced,  rendered  us 
secure  against  their  inroads,  till  the  work  of  the  revo- 
lution was  in  a  great  measure  accomplished  ;  and  to 
their  distressed  condition,  we  must  principally  ascribe 
the  defeat  of  the  French  design,  about  this  time,  to 
make  a  conquest  of  the  province.  De  Callieres,  who 

*  The  Indians*  conceptiou  of  the  league  between  them  and  us,  is 
couched  under  the  idea  of  a  chain  extended  from  a  ship  to  a  tree; 
sad  every  renewal  of  this  league  they  call  brighteiuDg  the  chain. 


History  of  New-York. 


113 


went  to  France  in  1688,  first  projected  the  scheme  ;^ 
and  the  troubles  in  England  encouraged^ the  French 
court  to  make  the  attempt.  Caffiniere  commanded  the 
ships  which  sailed  for  that  purpose  from  Rochefort  ; 
subject,  nevertheless,  to  the  count  De  Frontenac,  who 
was  general  of  the  land  forces,  destined  to  march  from 
Canada  by  the  rout  of  Sorel  river  and  the  lake  Cham- 
plain.  The  fleet  and  troops  arrived  at  Chebucta,  the 
place  of  rendezvous,  in  September  :  from  whence  the 
count  proceeded  to  Quebec,  leaving  orders  with  Caf- 
finiere to  sail  for  New-York,  and  continue  in  the  bay, 
in  sight  of  the  city,  but  beyond  the  fire  of  our  cannon, 
till  the  1st  December  :  when,  if  he  received  no  intelli- 
gence from  him,  he  was  ordered  to  return  to  France,  af- 
ter unlading  the  ammunition,  stores,  and  provisions  at 
Port-Roy al.f  The  count  was  in  high  spirits,  and  fully 
determined  upon  the  enterprise,  till  he  arrived  at  Que- 
bec ;  where  the  news  of  the  success  of  the  Five  Nations 
against  Montreal,  the  loss  of  his  favourite  fort  at  lake 
Ontario,  and  the  advanced  season  of  the  year,  defeated 
his  aims,  and  broke  up  the  expedition.  De  Nonville, 
who  was  recalled,  carried  the  news  of  this  disappoint- 
ment to  the  court  of  France,  leaving  the  chief  command 
of  the  country  in  the  hands  of  count  Frontenac.  This 

*  Charlevoix  has  published  an  extract  of  the  memorial  presented  lo 
the  French  king.  The  force  demanded  for  this  enterprise  was  to  consist 
of  1300  rej2;ulars,  and  300  Canadians.  Albany  was  said  to  be  fortified 
only  by  an  inclosure  of  stockadoes  and  a  little  fort  with  four  bastions; 
and  that  it  contained  but  150  soldiers  and  300  inhabitants.  That 
New- York,  the  capital  of  the  province,  was  open,  had  a  stone  fort 
with  four  bastions,  and  about  four  hundred!  inhabitants^^  divided  tat© 
^ight  companies. 

t  Now  Anjiapolis- 

15 


114 


History  of  ISew-Yorh 


gentleman  was  a  man  of  courage,  and  well  acquainted 
with  the  affairs  of  that  country.  He  was  then  in  the  68th 
year  of  his  age,  and  yet  so  far  from  consulting  his  ease, 
that  in  a  few  days  after  he  landed  at  Quebec,  he  re- 
embarked  in  a  canoe  for  Montreal,  where  his  presence 
was  absolutely  necessary,  to  animate  the  inhabitants 
and  regain  their  Indian  alliances.  A  war,  between  the 
English  and  French  crowns,  being  broke  out,  the  count 
betook  himself  to  every  art,  for  concluding  a  pefice  be- 
tween Canada  and  the  Five  Nations  ;  and  for  this  pur- 
pose, the  utmost  civilities  were  shown  to  Taweraket 
and  the  other  Indians,  who  had  been  sent  to  France  by 
De  ISonville,  and  were  now  returned.  Three  of  those 
Indians,  who  doubtless  were  struck  with  the  grandeur 
and  glory  of  the  French  monarch,  were  properly  sent 
on  the  important  message  of  conciliating  the  friendship 
of  the  Five  Nations.  These,  agreeable  to  our  alliance, 
sent  two  sachems  to  Albany >  in  December,  with  notice 
that  a  council  for  that  purpose  was  to  be  held  at  Onon- 
daga. It  is  a  just  reflection  upon  the  people  of  Albany, 
that  they  regarded  the  treaty  so  slightly,  as  only  to 
send  four  Indians  and  the  interpreter  with  instructions, 
in  their  name,  to  dissuade  the  confederates  from  a  ces- 
sation of  arms  ;  while  the  French,  on  the  other  hand, 
had  then  a  Jesuit  among  the  Oneydoes.  The  council 
began  on  the  22d  of  January,  1690,  and  consisted  of 
eighty  sachems.  Sadekanaghtie,  an  Onondaga  chief, 
opened  the  conference,  llie  whole  was  managed  with 
great  art  and  fonnality,  and  concluded  in  sbovviijg  a 
disposition  to  make  peace  with  the  French,  vvithout  per- 
fecting it ;  guarding,  at  the  same  time,  against  giving 
the  least  umbrage  to  the  English.  * 


History  of  New- York. 


115 


Among  other  measures  to  detach  the  Five  Nations 
from  the  British  interest,  and  raise  the  depressed  spirit 
of  the  Canadians,  the  count  De  Frontenac  thought  pro- 
per to  send  out  several  parties  against  the  English  col- 
onies. D'x\illebout,  De  Mantel,  and  Le  Moyne,  com- 
manded that  against  New- York,  consisting  of  about  two 
hundred  French  and  some  Caghnuaga  Indians,  who,  bet- 
ing proselytes  from  the  Mohawks,  were  perfectly  ac- 
quainted with  that  country.  Their  orders  w^ere,  in  gen- 
eral, to  attack  New- York ;  but  pursuing  the  advice  of 
the  Indians,  they  resolved,  instead  of  Albany,  to  sur- 
prise Schenectady,  a  village  seventeen  miles  northwest 
from  it,  and  about  the  same  distance  from  the  Mohawks. 
The  people  of  Schenectady,  though  they  had  been  in- 
formed of  the  designs  of  the  enemy,  w  ere  in  the  great- 
est security  ;  judging  it  impracticable  for  any  men  to 
march  several  hundred  miles,  in  the  depth  of  winter^ 
through  the  snow,  bearing  their  provisions  on  their  backPv 
Besides  the  village  was  in  as  much  confusion  as  the  rest 
of  the  province  ;  the  officers  who  were  posted  there, 
being  unable  to  preserve  a  regular  w-atch,  or  any  kind 
of  military  order.  Such  was  the  state  of  Schenectady, 
as  represented  by  colonel  Schuyler,  who  was  at  that 
lime  mayor  of  the  city  of  Albany,  and  at  the  head  of 
the  convention.  A  copy  of  his  letter  to  the  neighbour- 
ing colonies,  concerning  this  descent  upon  Schenecta- 
dy, dated  151h  of  February,  1689-90,  I  have  now  lying 
before  me,  under  his  own  hand. 

After  two  and  twenty  days  march,  the  enemy  fell  in 
w  ith  Schenectady,  on  the  Oth  of  February ;  and  were 
red  [iced  to  such  streights,  that  they  had  thoughts  of  sur^ 
rendering  themselves  prisoners  of  war.  But  their  scouts, 
who  were  a  day  or  two  in  the  village  entirely  unsuspect- 


116 


History  of  New- York. 


ed,  returned  with  such  encouraging  accounts  of  the  ab- 
solute security  of  the  people,  that  the  enemy  deter- 
mined on  the  attack.  They  entered  on  Saturday  night 
about  eleven  o'clock,  at  the  gates,  which  were  found 
unshut ;  and,  that  every  house  might  be  invested  at  the 
same  time,  divided  into  small  parties  of  six,  or  seven 
men.  The  inhabitants  were  in  a  profound  sleep,  and 
unalarmed,  till  their  doors  were  broke  open.  Never 
were  people  in  a  more  wretched  consternation.  Before 
they  were  risen  from  their  beds,  the  enemy  entered 
their  houses,  and  began  the  perpetration  of  the  most  in- 
human barbarities.  No  tongue,  says  colonel  Schuyler, 
can  express  the  cruelties  that  were  committed.  The 
whole  village  was  instantly  in  a  blaze.  Women  with 
child  ripped  open,  and  their  infants  cast  into  the  flames, 
or  dashed  against  the  posts  of  the  doors.  Sixty  person^ 
perished  in  the  massacre,  and  twenty  seven  were  carri- 
ed into  captivity.  The  rest  fled  naked  towards  Albany, 
through  a  deep  snow  which  fell  that  very  night  in  a  ter- 
rible storm  ;  and  twenty-five  of  these  fugitives,  lost 
their  limbs  in  the  flight,  through  the  severity  of  the  frost. 
The  news  of  this  dreadful  tragedy  reached  Albany 
about  break  of  day  ;  and  universal  dread  seized  the  in- 
habitants of  that  city,  the  enemy  being  reported  to  be 
one  thousand  four  hundred  strong.  A  party  of  horse 
was  immediately  dispatched  to  ^chenectady,  and  a  few 
Mohawks,  then  in  the  town,  fearful  of  being  intercepted^ 
were  with  difficulty  sent  to  apprise  their  own  castles. 

The  Mohawks  were  unacquainted  with  this  bloody 
ecene,  till  two  days  after  it  happened  ;  our  messengers 
being  scarce  able  to  travel  through  the  great  depth  of 
snow.  The  enemy,  in  the  mean  time,  pillaged  the 
town  of  Schenectady  till  noon  the  next  day  ;  and  thejok 


History  of  New-YorJc. 


117 


went  off  with  their  plunder,  and  about  forty  of  their  best 
horses.  The  rest,  with  all  the  cattle  they  could  find, 
lay  slaughtered  in  the  streets. 

The  design  of  the  French,  in  this  attack,  was  to  alarm 
the  fears  of  our  Indian  allies,  by  shewing  that  we  were 
incapable  of  defending  them.  Every  art  also  was  used 
to  conciliate  their  friendship,  for  they  not  only  spared 
those  Mohawks  who  were  found  in  Schenectady,  but 
several  other  particular  persons,  in  compliment  to  the 
Indians,  who  requested  that  favour.  Several  women 
and  children  were  also  released  at  the  desire  of  captain 
Glen,  to  whom  the  French  offered  no  violence  ;  the  offi- 
cer declaring  he  had  strict  orders  against  it,  on  the  score 
of  his  wife's  civilities  to  certain  French  captives  in  the 
time  of  colonel  Dongan. 

The  Mohawks,  considering  the  cajoling  arts  of  the 
French,  and  that  the  Caghnuagas  who  were  with  them, 
were  once  a  part  of  their  own  body,  behaved  as  well  as 
could  be  reasonably  expected.  They  joined  a  party  of 
young  men  from  Albany,  fell  upon  tne  rear  of  the  ene- 
my, and  either  killed  or  captivated  five  and  twenty. 
Several  sachems,  in  the  mean  time,  came  to  Albany, 
and  very  affectingly  addressed  the  inhabitants,  who 
w^ere  just  ready  to  abandon  the  country  ;  urging  their 
stay,  and  exciting  an  union  of  all  the  English  colonies 
against  Canada.  Their  sentiments  concerning  the  French 
appear  from  the  following  speech  of  condolence. 
"  Brethren,  we  do  not  think,  that  what  the  French  have 
done  can  be  called  a  victory  :  it  is  only  a  farther  proof 
of  their  cruel  deceit :  the  governour  of  Canada,  sent  to 
Onondaga,  and  talks  to  us  of  peace  with  our  whole 
house  ;  but  war  was  in  his  heart,  as  you  now  see  by  wo- 
ful  experience.   He  did  the  same,  formerly,  at  Cadar- 


118 


History  of  New-Yorlc. 


acqui,  and  in  the  Seneca's  country.  This  is  the  third 
time  he  has  acted  so  deceitfully.  He  has  broken  open 
our  house,  at  both  ends  ;  formerly  in  the  Seneca's  coun- 
try, and  now  here.  We  hope  however  to  be  revenged 
of  them.'' 

Agreeable  to  this  declaration,  the  Indians  soon  after 
treated  the  chevalier  d'Eau  and  the  rest  of  the  French 
messengers,  who  came  to  conclude  the  peace  proposed 
by  Taweraket,  with  the  utmost  indignity  ;  and  after- 
wards delivered  them  up  to  the  English.    Besides  this, 
their  scouts  harrassed  the  borders  of  the  enemy,  and 
fell  upon  a  party  of  French  and  Indians,  in  the  ri- 
ver, about  one  hundred  and  twenty  miles  above  Mon- 
treal, under  the  command  of  Louvigni,  a  captain,  who 
was  going  to  Missilimakinac,  to  prevent  the  conclusion  of 
the  peace  between  the  Utawawas  and  (iuatoghies,  with 
the  Five  Nations.   The  loss  in  this  skirmish  was  nearly 
equal  on  both  sides.  One  of  our  prisoners  was  deliver- 
ed to  the  Utawawas,  who  ate  him.    In  revenge  for  this 
barbarity,  the  Indians  attacked  the  island  of  Montreal, 
at  Trembling  Point,  and  killed  an  officer  and  twelve 
men  ;  while  another  party  carried  oflf  about  fifteen  pri- 
soners taken  at  Riviere  Puante,  whom  they  afterwards 
slew,  through  fear  of  their  pursuers  ;  and  others  burnt 
the  French  plantations  at  St.  iEurs.    But  Avhat  render- 
ed this  year  most  remarkable,  was  the  expedition  of 
sir  William  Phips  against  Quebec.    He  sailed  up  the 
river  with  a  fleet  of  thirty-two  sail,  and  came  before 
the  city  in  October.    Had  he  improved  his  time  and 
strength,  the  conquest  would  have  been  easy  ;  but  by 
spending  three  days  in  idle  consultations,  the  French 
governour  brought  in  his  forces,  and  entertained  such 
^  mean  opinion  of  the  English  knight,  that  he  not  only 


History  of  New- York. 


despised  his  summons  to  surrender,  but  sent  a  verbal 
answer,  in  which  he  called  king  William  an  usurper, 
and  poured  the  utmost  contempt  upon  his  subjects. 
The  .messenger,  who  carried  the  summons,  insisted  up- 
on a  w^ritten  answ^er,  and  that  within  an  hour ;  but  the 
count  de  Frontenac  absolutely  refused  it,  adding,  "  III 
answer  your  master  by  the  mouth  of  my  cannon,  that 
he  may  learn  that  a  man  of  my  condition  is  not  to  be 
summoned  in  this  manner."  Upon  this,  sir  William 
made  tw^o  attempts  to  land  below  the  town,  but  was  re- 
pulsed by  the  enemy,  with  considerable  loss  of  men, 
cannon  and  baggage.  Several  of  the  ships  also  cannon- 
aded the  city,  but  without  any  success.  The  forts  at 
the  same  time  returned  the  fire,  and  obliged  them  to 
retire  in  disorder.  The  French  writers,  in  their  ac- 
counts of  this  expedition,  universally  censure  the  con- 
duct of  sir  William,  though  they  confess  the  valour  of 
his  troops.  La  Hontan,  who  was  then  at  Quebec,  says, 
he  could  not  have  acted  in  a  manner  more  agreeable  to 
the  French,  if  he  had  been  in  their  interest.^ 

^  Dr.  Golden  supposes  this  attack  was  made  upon  Queboc,  ia  IGQl^ 
but  he  is  certainly  mistaken  ;  see  life  of  sir  William  Phips,  published 
at  London,  1697...0}dmixon's  Brit.  Empire.. .and  Charlevoix. 

Among  the  causes  of  the  ill  success  of  the  fleet,  the  author  of  the  life 
of  sir  William  Phips,  mentions  the  neglect  of  the  conjoined  troops  of 
Kew-York,  Connecticut,  and  the  Indians,  to  attack  Montreal,  accord- 
ing to  the  original  plan  of  operations.  He  tells  us,  that  they  marched 
to  the  lake,  but  there  found  themselves  unprovided  with  battoes,  and 
that  the  Indians  were  dissuaded  from  the  attempt.  By  what  authority 
these  assertions  may  be  supported,  I  know  not.  Charlevoix  says  our 
army  was  disappointed  in  the  intended  diversion,  by  the  small  pox, 
which  seized  the  camp,  killed  three  hundred  raeD^  and  terrified  out 
Indian  allie^,^ 


HISTORY  OF  H]lSW-YO]RK» 


PART  nr. 

From  the  Revolution  to  the  second  Expedition  against 

Canada, 


While  our  allies  were  faithfully  exerting  them*^ 
selves  against  the  common  enemy,  colonel  Henry 
Sloughter,  who  had  a  commission  to  be  governour  of  this 
province,  dated  the  4th  of  January,  1689,  arrived  here, 
and  published  it  on  the  19th  of  March,  169L  Never  was 
a  governour  more  necessary  to  the  province,  than  at  this 
critical  conjuncture  ;  as  well  for  reconciling  a  divided 
peoplcj  as  for  defending  them  against  the  wales  of  a 
cunning  adversary*  But  either  through  the  hurry  of 
the  king's  affairs,  or  the  powerful  interest  of  a  favouf-^ 
ite,  a  man  was  sent  over,  utterly  destitute  of  every 
qualification  for  government,  licentious  in  his  morals, 
avaricious,  and  poor.  The  council  present  at  his  arrival 
were, 

Joseph  Dudley,  Gabriel  Mienvielle^ 

Frederick  Philipse,         Chudley  Brook, 
Stephen  Van  Courtlandtj  Thomas  Willet, 
William  Pinhorne* 
If  Leisler  had  delivered  the  garrison  to  colonel 
Sloughterj  as  he  ought  to  have  done,  upon  his  first 
landing,  besides  extinguishing,  in  a  great  degree,  tha 
animosities  then  subsisting,  he  would,  doubtless,  have  at- 
ti^acted  the  favourable  notice,  both  of  the  govcrtiour 

16 


1212  History  of  Neiv-  YorL 

and  the  crown.  But  being  a  weak  man,  he  was  so  in-' 
toxicated  with  the  love  of  power,  that  though  he  had' 
been  well  informed  of  Sloughter's  appointment  to  the 
government,  he  not  only  shut  himself  up  in  the  fort 
with  Bayard  and  Nichols,  whom  he  had,  before  that  time, 
imprisoned,  but  refused  to  deliver  them  up,  or  to  sur- 
render the  garrison.  From  this  moment  he  lost  all  cre- 
dit with  the  governour,  who  joined  the  other  party 
against  him.  On  the  second  demand  of  the  fort.  Mil- 
borne  and  De  Lanoy  came  out,  under  pretence  of  con- 
ferring with  his  excellency,  but  in  reality  to  discover  his 
designs.  Sloughter,  who  considered  them  as  rebels, 
threw  them  both  into  gaol.  Leisler,  upon  this  event, 
thought  proper  to  abandon  the  fort,  which  colonel 
Sloughter  immediately  entered.  Bayard  and  Nichols 
were  now  released  from  their  confinement,  and  sworn 
of  the  privy  council.  Leisler  having  thus  ruined  his 
cause,  was  apprehended  with  many  of  his  adherents,  and 
a  commission  of  oyer  and  terminer  issued  to  sir  Thomas^ 
Robinson,  colonel  Smith,  and  others,  for  their  trials. 

In  vain  did  they  plead  the  merit  of  their  zeal  for  king 
William,  since  they  had  so  lately  opposed  his  governour. 
Leisler,  in  particular,  endeavoured  to  justify  his  con- 
duct, insisting  that  lord  Nottingham's  letter  entitled 
him  to  act  in  the  quality  of  lieutenant  governour. 
Whether  it  was  through  ignorance  or  sycophancy,  I 
know  not :  but  the  judges  instead  of  pronounting  their 
own  sentiments  upon  this  part  of  the  prisoner's  defence,, 
referred  it  to  the  governour  and  council,  prav  ing  their 
opinion,  whether  that  letter  "  or  any  other  letters,  or 
papers,  in  the  packet  from  Whitehall,  can  be  under- 
stood, or  interpreted,  to  be  and  contain,  any  power,  or 
4iiection  to  captain  Leisler,  to  take  tlie  government  of 


History  of  New-York.  123 

iiiis  province  upon  himself,  or  that  the  administration 
thereupon  be  holden  good  in  law."  The  answer  was,  as 
might  have  been  expected,  in  the  negative ;  and  Leisler 
and  his  son  were  condemned  to  death  for  high  treason. 
These  violent  measures  drove  many  of  the  inhabitants, 
who  were  fearful  of  being  apprehended,  into  the  neigh- 
bouring colonies  which  shortly  after  occasioned  the  pass^ 
ing  an  act  of  general  indemnity. 

From  the  surrender  of  the  province  to  the  year  1683, 
the  inhabitants  were  ruled  by  the  duke's  governours 
and  their  councils,  who,  from  time  to  time,  made  rules 
-and  orders,  which  were  esteemed  to  be  binding  as  laws. 
These,  about  the  year  1674,  were  regularly  collected 
under  alphabetical  titles  ;  and  a  fair  copy  of  them  re7 
mains,  among  our  records,  to  this  day.  They  are  com- 
monly known  by  the  name  of  the  duke's  laws.  The 
litle  page  of  the  book,  written  in  the  old  court  hand,  ife 
in  these  bald  words, 

JUS 

JNOViE  EBORACENSIS  ; 
VEL, 

LEGES  ILLUSTRISSIMO  PRINCIPE  JACOBI  DU€E. 
EBORACI  ET  ALBAN^E,  ETC. 
INSTITUT.^:  ET  ORDINATJE, 
AD  OBSERVANDUM  IN  TERRITORIIS  AMERICA  ; 
TRANaSCRIPT.E, 
ANNO  DOMINI 
M.DC-LXXIV. 

Those  acts  which  Avere  made  in  1683,  and  after  the 
duke^s  accession  to  the  throne,  when  the  people  were 
admitted  to  a  participation  of  the  legislative  power, 
are  for  the  most  part  rotten,  defaced,  or  lost.  Few 
minutes  relating  to  them  remain  on  the  council  book?, 
and  none  in  the  journals  of  the  house. 


124 


History  of  New- York, 


As  this  assembly,  in  1691,  was  the  first  after  the  re- 
volution, it  may  not  be  improper  to  take  some  particur 
lar  notice  of  its  transactions.^ 

It  began  the  9th  of  April,  according  to  the  writs  of 
summons  issued  on  the  20th  of  March  preceding.  The 
journal  of  the  house  opens  with  a  list  of  the  memberf^ 
jreturned  by  the  sheriffs. 

City  and  county  of  New- York.      County  of  Richmond. 
James  Graham,  Efias  Dukesbury, 

William  Merrett,  John  Dally. 

Jacobus  Van  Courtlandt,  County  of  Westchester* 

Johannes  Kipp.  John  Pell. 

City  and  county  of  Albany.  County  of  Suffolk. 

Derrick  Wessels,  Henry  Pierson, 

Levinus  Van  Scayck.  Mathew  Howell, 

Ulster  and  Dutchess  county*        Queen's  county. 
Henry  Beekman,  John  Bound,  ' 

Thomas  Garton.  Nathaniel  PercalK 

King's  county. 
TNTicholas  Stillwell, 
John  Poland. 

The  members  for  Queen's  county,  being  quakers> 
were  afterwards  dismissed,  for  refusing  the  oaths  direct- 
ed by  the  governour's  commission ;  but  all  the  rest 
-were  qualified  before  two  commissioners  appointed  for 
that  purpose. 

James  Graham  was  elected  their  speaker,  and  ap- 
proved by  the  governour. 

The  majority  of  the  members  of  this  assembly  were 
against  the  measures  which  Leisler  pursued  in  the  lat- 


*  All  laws  made  here,  antecedent  to  this  period,  are  disregarded 
both  by  the  le«;islature  and  the  courts  of  law.  In  the  collection  of  our 
»cts,  published  in  1752,  the  compilers  were  directed  tp  begin  at  this 
assembly.  The  validity  of  the  old  grants  of  the  powers  of  govern* 
toent,  in  several  American  cojouies,  is  ver^  much  doubted  in  this  pro* 


History  of  New-¥orJc. 


125 


ter  part  of  his  time ;  and  hence  we  find  the  house,  after 
considering  a  petition,  signed  by  sundry  persons,  against 
Leisler,  unanimously  resolved,  that  his  dissolving  the 
late  convention,  and  imprisoning  several  persons,  was 
tumultuous,  illegal,  and  against  their  majesties'  right,, 
and  that  the  late  depredations  on  Schenectady  w^ere  to 
be  attributed  to  his  usurpation  of  all  power. 

They  resolved  against  the  late  forcible  seizures  made 
of  effects  of  the  people,  and  against  the  levying  of  mo- 
ney on  their  majesties'  subjects.  And  as  to  Leister's 
holding  the  fort  against  the  governour,  it  was  voted  to 
be  an  act  of  rebellion. 

The  house  having,  by  these  agreeal  le  resolves,  pre- 
pared the  way  of  their  access  to  the  governour,  ad- 
dressed him  in  these  words  : 

"  May  it  please  your  excellency, 

"  We  their  majesties'  most  dutiful  and  loyal  subjects, 
convened,  by  their  majesties'  most  gracious  favour,  in 
general  assembly,  in  this  province,  do,  in  all  most  hum- 
ble manner,  heartily  congratulate  your  excellency, 
that  as,  in  our  hearts,  we  do  abhor  and  detest  all  the 
rebellious,  arbitrary,  and  illegal  proceedings  of  the 
late  usurpers  of  their  majesties'  authority  over  this  pro- 
vince, so  we  do,  from  the  bottom  of  our  hearts,  with 
all  integrity,  acknowledge  and  declare,  that  there  are 
none,  that  can  or  ought  to  have  right  to  rule  and  go- 
vern their  majesties'  subjects  here,  but  by  their  majes- 
ties' authority,  which  is  now  placed  in  your  excellency; 
and  therefore  we  do  solemnly  declare,  that  we  will, 
with  our  lives  and  fortunes,  support  and  maintain  the 
administration  of  your  excellency's  government,  under 
their  majesties,  against  all  their  ^  majesties'  enemies 
whatsoever  :  and  this  we  humbly  pray  your  excellency 
to  accept  as  the  sincere  acknowledgment  of  all  their 


History  of  New*  York. 


majesties'  good  subjects  within  this  their  province ; 
praying  for  their  majesties'  long  and  happy  reign  over 
us,  and  that  your  excellency  may  long  live  and  rule,  as 
according  to  their  majesties'  most  excellent  constitution 
of  governing  their  subjects  by  a  general  assembly," 

Before  this  house  proceeded  to  pass  any  acts,  they 
unanimously  resolved,  ^  That  all  the  laws  consented  to 
by  the  general  assembly,  under  James  duke  of  York, 
and  the  liberties  and  privileges  therein  contained, 
granted  to  the  people,  and  declared  to  be  their  rights, 
not  being  observed,  nor  ratified  and  approved  by  his 
royal  highness,  nor  the  late  king,  are  null  and  void, 
and  of  none  effect ;  and  also,  the  several  ordinances, 
made  by  the  late  governours  and  councils,  being  con- 
trary to  the  constitution  of  England,  and  the  practice 
of  the  government  of  their  majesties'  other  plantations 
in  America,  are  likewise  null  and  void,  and  of  no  effect, 
nor  force,  within  this  province." 

Among  the  principal  laws  enacted  at  this  session,  we 
may  mention  that  for  establishing  the  revenue,  which 
was  drawn  into  precedent.  The  sums  raised  by  it,  were 
made  payable  into  the  hands  of  the  receiver  general, 
and  issued  by  the  governour's  warrant.  By  this  means 
the  governour  became,  for  a  season,  independent  of  the 
people,  and  hence  we  find  frequent  instances  of  the  as- 
semblies contending  with  him  for  the  discharge  of  debts 
to  private  persons,  contracted  on  the  faith  of  the  go- 
vernment. 

Antecedent  to  the  revolution,  innumerable  were  the 
controversies  relating  to  publick  townships  and  private 
rights ;  and  hence,  an  act  was  now  passed,  for  the  con- 
firmation of  ancient  patents  and  grants,  intended  to  put 
an  end  to  those  debates.  A  law  was  also  passed  for  the 


History  of  Nhv-YorJc)  127 

establishment  of  courts  of  justice,  though  a  perpetual 
act  had  been  made  to  tliat  purpose  in  1683,  and  the  old 
court  of  assize  entirely  dissolved  in  1684.  As  this  en- 
acted in  1691,  was  a  temporary  law,  it  may  hereafter 
be  disputed,  as  it  has  been  already,  whether  the  present 
establishment  of  our  courts,  for  general  jurisdiction,  by 
an  ordinance,  can  consist  even  with  the  pi^eceding  act, 
or  tlie  general  rules  of  law-  Upon  the  erection  of  the 
supreme  com  t,  a  chief  justice,  and  four  assistant  judg- 
es, with  an  attorney  general,  were  appointed.  The  chief 
justice,  Joseph  Dudley,  had  a  salary  of  130/,  per  an-- 
mmi;  Johnson,  the  second  judge,  100/.  and  both  were 
payable  out  of  the  revenue  ;  but  William  Smith,  Ste- 
phen Y an  Courtlandt,  and  William  Pinhorne,  the  other 
judges,  and  Newton,  the  attorney  general,  had  nothing 
allowed  for  their  services. 

It  has,  more  than  once,  been  a  subject  of  animated 
debate,  whether  the  people,  in  this  colony,  have  a  right 
to  be  represented  in  assembly,  or  whether  it  be  a  pri- 
vilege enjoyed  through  the  grace  of  the  crown.  A  me- 
morable act  passed  this  session,,  virtually  declared  in  fa- 
vour of  the  former  opinion,  upon  that,  and  several  other 
of  the  principal  and  distinguishing  liberties  of  English- 
men. It  must,  nevertheless,  be  confessed,  that  king 
William  was  afterwards  pleased  to  repeal  that  law,  in 
the  year  1697.^ 

Colonel  Sloughter  proposed,  immediately  after  the 
session,  to  set  out  to  Albany,  but  as  Leisler's  party  were 
enraged  at  his  imprisonment,  and  the  late  sentence 

It  was  entitled,  "  An  act  declaTiug  what  are  the  rights  and  privi* 
leges  of  their  majesties'  subjects  inhabiting  within  their  province  ©f 
New-York;' 


128 


History  of  New-Yorki. 


iigainst  him,  his  enemies  were  afraid  new  troubled  would' 
spring  up  in  the  absence  of  the  governour  ;  for  this  rea- 
son, both  the  assembly  and  council  advised  that  the  pri- 
soners should  be  immediately  executed*  Sloughter,  who 
had  no  inclination  to  favour  them  in  this  request,  chose 
rather  to  delay  such  a  violent  step,  being  fearful  of  cut- 
ing  off  two  men,  who  had  vigorously  appeared  for  the 
king,   and  so  signally  contributed  to  the  revolution. 
Nothing  could  be  more  disagreeable  to  their  enemies, 
whose  interest  was  deeply  concerned  in  their  destruc- 
tion.   And,  therefore,  when  no  other  measures  could 
prevail  with  the  governour,  tradition  informs  us,  that  a 
sumptuous  feast  was  prepared,  to  which  colonel  Slough- 
ter was  invited.    When  his  excellency's  reason  wag 
drowned  in  his  cups,  the  entreaties  of  the  company  pre- 
vailed with  him  to  sign  the  death  warrant,  and  before  he 
recovered  his  senses,  the  prisoners  were  executed. 
Leisler's  son  afterwards  carried  home  a  complaint  to 
king  William,  against  the  governour.    His  petition  was 
referred,  according  to  the  common  course  of  plantation 
affairs,  to  the  lords  commissioners  of  trade,  who,  after 
hearing  the  whole  matter,  reported  on  the  11  th  of  March, 
1692,  that  they  were  humbly  of  opinion,  that  Jacob 
Leisler  and  .Jacob  Milborne,  deceased,  were  condemned 
and  had  suffered  according  to  law.''    Their  lordships, 
however,  interceded  for  their  families,  as  fit  objects  of 
mercy,  and  this  induced  queen  Mary,  who  approved  the 
report  ,  on  the  17th  of  March,  to  declare,  "  that  upon  the 
humble  application  of  the  relations  of  the  said  .Jacob 
Leisler  and  .Jacob  Milborne,  deceased,  her  majesty  will 
order  the  estates  of  Jacob  Leisler  and  Jacob  Milborne, 
to  be  restored  to  their  families,  as  objects  of  her  majes- 
ty's mercy."    The  bodies  of  these  unhappy  sufTerers 


History  of  New-York. 


129 


were  afterwards  taken  up  and  interred,  with  great  pomp, 
in  the  old  Dutch  church,  in  the  city  of  New-York. 
Their  estates  were  restored  to  their  families,  and  Leis- 
ler's  children,  in  the  publick  estimation,  are  rather  dig- 
nified, than  disgraced,  by  the  fall  of  their  ancestor. 

These  distractions  in  the  province  so  entirely  en- 
grossed the  publick  attention,  that  our  Indian  allies, 
who  had  been  left  solely  to  contend  with  the  common 
enemy,  grew  extremely  disaffected.  The  Mohawks, 
in  particular,  highly  resented  this  conduct ;  and,  at  the 
instance  of  the  Caghnuagas,  sent  a  messenger  to  Cana- 
da, to  confer  with  count  Frontenac  about  a  peace.  To 
prevent  this,  colonel  Sloughter  had  an  interview  at  Al- 
bany, in  June,  with  the  other  four  nations,  who  express- 
ed their  joy  at  seeing  a  governour  again  in  that  place. 
They  told  him  that  their  ancestors,  as  they  had  been 
informed,  were  greatly  surprised  at  the  arrival  of  the 
first  ship  in  that  country,  and  were  curious  to  knoW 
what  was  its  huge  belly.  That  they  found  Christians 
in  it,  and  one  .Tacques,  with  whom  they  made  a  chain 
of  friendship,  which  they  had  preserved  to  this  day* 
All  the  Indians,  except  the  Mohawks,  assured  the  go^ 
vernour,  at  this  meeting,  of  their  resolution  to  prosecute 
the  war.  The  Mohawks  confessed  their  negociations 
with  the  French,  that  they  had  received  a  belt  from  Can« 
ada,  and  prayed  the  advice  of  the  governoiu',  and  after- 
wards renewed  their  league  with  all  our  colonies. 

Sloughter  soon  after  returned  to  New- York,  and  end- 
ed  a  short,  weak,  and  turbulent  administration,  for  he 
died  suddenly  on  the  23d  of  July,  1691.  Some  were  not 
without  suspicions  that  he  came  unfairly  to  his  end,  but 
the  certificate  of  the  physician  and  surgeons  who  openr 

17 


130  Mistory  of  New- York 


ed  his  body,  by  an  order  of  council,  confuted  these  con- 
jectures, and  his  remains  were  interred  in  Stuyvesant'^i 
vault,  next  to  those  of  the  old  Dutch  governour. 

At  the  time  of  Sloughter's  decease,  the  government 
devolved,  according  to  the  late  act  for  declaring  the 
rights  of  the  people  of  this  province,  on  the  council,  in 
which  J  oseph  Dudley  had  a  right  to  preside  ;  but  they 
committed  the  chief  command  to  Richaid  Ingolsby,  a 
captain  of  an  independent  company,  who  was  sworn  in- 
to the  office  of  president  on  the  26th  of  July,  1698. 
Dudley,  soon  afterwards,  returned  to  this  province,  from 
Boston,  but  did  not  think  proper  to  dispute  Ingolsby'sr 
authority^  though  the  latter  had  no  title,  nor  the  great- 
est abilities  for  government,  and  was  besides  obnox- 
ious to  the  party  who  had  joined  Leisler,  having  been 
an  agent  in  the  measures  which  accomplished  his  ruin. 
To  the  late  troubles,  which  were  then  recent,  and  the 
agreement  subsisting  between  the  council  and  assembly, 
we  must  ascribe  it,  that  the  former  tacitly  acknowledg- 
ed Ingolsby's  right  to  the  president's  chair  ;  for  they 
concurred  with  him,  in  passing  several  laws,  in  autumn 
and  the  spring  following,  the  validity  of  which  has 
never  yet  been  disputed. 

This  summer  major  Schuyler,^^  with  a  party  of  Mo- 
hawks, passed  through  the  lake  Champlain,  and  made  a 
bold  irruption  upon  the  French  settlements,  at  the  north 

*  The  French,  from  his  great  influence  at  Albany,  and  activity 
fimong  the  Indians,  concluded  that  he  was  the  governour  of  that  city  ; 
and  hence  their  historians  honour  him  with  that  title,  though  he  was 
then  only  mayor  of  the  corporation.  "  Pierre  Schuyler,  says  Charle- 
toiXg  etoit  un  fort  hounete  honiime." 


History  of  New-York. 


131 


aend  of  it.^'  De  Callieres,  the  governour  of  Montreal^ 
io  oppose  him,  collected  a  small  army,  of  eight  hun- 
<lred  men,  and  encamped  at  La  Prairie.  Schuyler  had 
several  conflicts  with  the  enemy,  and  slew  about  three 
hundred  of  them,  which  exceeded  in  number  his  whole 
party.  Tlie  French,  ashamed  of  their  ill  success,  attri- 
bute it  to  the  want  of  order,  too  many  desiring  to  have 
the  command.  But  the  true  cause  was  the  iginorance  of 
Iheir  officers  in  the  Indian  manner  of  fighting.  They 
kept  their  men  in  a  body,  while  ours  posted  themselves 
behind  trees,  hidden  from  the  «nemy.  Major  Schuyler's 
design,  in  this  descent,  was  to  animate  the  Indians,  and 
preserve  their  enmity  with  the  French.  They,  accord- 
ingly, continued  their  hostilities  against  them,  and,  by 
frequent  incursions,  kept  the  country  in  constant  alariiip 
In  the  midst  of  these  distresses,  the  French  governour 
preserved  his  sprightliness  and  vigour,  animating  every 
body  about  him.  After  he  had  served  himself  of  the  Uta- 
wawas,  who  came  to  trade  at  Montreal,  he  sent  them 
home  under  the  care  of  a  captain  and  one  hundred  and 
ten  men  ;  and  to  secure  their  attachment  to  the  French 
interest,  gave  them  two  Indian  prisoners^  and,  beside^^ 
sent  very  considerable  presents  to  the  western  Indians,  in 
their  alliance.  The  captives  were  afterwards  burnt.  The 
Five  Nations,  in  the  mean  tiiiie,  grew  more  and  more  in- 
censed, and  continually  harrassed  the  French  borders^ 
Mr.  Beaucour,  a  young  gentleman,  in  the  following 
winter,  marched  a  body  of  about  three  hundred  men  to 
attack  them  at  the  isthmus,  at  Niagara.  Incredible  were 

*  Dr.  Golden  relates  it  as  a  transaction  ef  the  year  1691,  which  is 
true  :  but  he  supposes  it  was  before  sir  William  Phips'  attack  upou 
Quebec,  and  thus  falls  into  an  anachronism  of  a  whole  year,  as  1  have 
already  observ^A 


.132 


History  of  New-York. 


the  fatigues  they  underwent  in  this  long  march  over  the 
ynow,  bearing  their  provisions  on  their  backs.  Eighty 
men,  of  the  Five  Nations,  opposed  the  French  party 
and  bravely  maintained  their  ground,  till  most  of  them 
were  cut  off.  In  return  for  which,  the  confederates,  in 
small  parties,  obstructed  the  passage  of  the  French 
through  lake  Ontario,  and  the  river  issuing  out  of  it,  and 
cut  off  their  communication  with  the  western  Indians. 
An  Indian  called  Black  Kettle,  commanded  in  these  in- 
cursions of  the  Five  Nations,  and  his  successes,  which 
continued  the  whole  summer,  so  exasperated  the  count, 
that  he  ordered  an  Indian  prisoner  to  be  burnt  alive. 
The  bravery  of  this  savage  was  as  extraordinary,  as  the 
torments  inflicted  on  him  were  cruel.  He  sung  his  mili- 
tary achievements  without  interruption,  even  while  his 
bloody  executioners  practised  all  possible  barbarities. 
They  broiled  his  feet,  thrust  bis  fingers  into  red  hot 
pipes,  cut  his  joints,  and  twisted  the  sinews  with  bars  of 
iron.  After  this  his  scalp  was  ripped  off',  and  hot  sand 
poured  on  the  wound. 

In  June,  1692,  captain  Ingolsby  met  the  Five  Nations 
at  Albany,  and  encouraged  them  to  persevere  in  the 
war.  The  Indians  declared  their  enmity  to  the  Fi^ench,  in 
the  strongest  terms,  and  as  heartily  professed  their 
friendship  to  us.  "  Brother  Corlear,  said  the  sachem, 
we  are  all  subjects  of  one  great  king  and  queen,  we 
have  one  head,  one  heart,  one  interest,  and  are  all  engag- 
ed in  the  same  war."  The  Indians,  at  the  same  time, 
did  not  forget,  at  tliis  interview,  to  condemn  the  inac- 
tivity of  the  English,  telling  them,  that  the  destruction 
of  Canada  would  not  make  one  summer's  work,  against 
.tJieir  united  strength,  if  vigorously  exerted. 


History  of  New-YorJc. 


133 


Colonel  Benjamin  Fletcher  arrived,  with  a  commis- 
sion to  be  governour,  on  the  29th  of  August,  1692, 
which  was  published  the  next  day,  before  the  following 
members,  in  council  : 


William  Pinhorne,  one  of  that  board,  being  a  non  resi- 
dent, was  refused  the  oaths  ;  and  Joseph  Dudley,  for 
the  same  reason  removed,  both  from  his  seat  in  coun- 
cil and  his  office  of  chief  justice,  Caleb  Heathcote  and 
John  Young  succeeded  them  in  council  :  and  William 
Smith  was  seated,  in  Dudley's  place,  on  the  bench. 

Colonel  Fletcher  brought  over  with  him  a  present  to 
the  colony,  of  arms,  ammunition  and  warlike  stores  ; 
ill  gratitude  for  which,  he  exhorted  the  council  and  as- 
sembly, who  were  sitting  at  his  arrival,  to  send  home 
an  address  of  thanks  to  the  king.  It  consists,  principal- 
]}',  of  a  representation  of  the  great  expense  the  province 
was  continually  at  to  defend  the  frontiers,  and  pray  ing 
his  majesty's  direction  that  the  neighbouring  colonies 
might  be  compelled  to  join  their  aid  for  the  support  of 
Albany.  The  following  passage  in  it  shows  the  sense 
of  the  legislature  upon  a  matter  which  has  since  been 
very  much  debated.  "  When  these  countries  were 
possessed  by  the  Dutch  West-India  company,  they  al- 
ways had  pretences  (and  had  most  part  of  it  within 
their  actual  jurisdiction)  to  all  that  tract  of  land  (witli 
the  islands  adjacent)  extending,  from  the  west  side 
of  Connecticut  river,  to  the  lands  ly  ing  on  the  west  side 
of  Delaware  bay,  as  a  suitable  portion  of  land  for  one 
colony  or  government  ]  all  which,  including  the  lands  on 


Frederick  Philipse, 
Stephen  Van  Courtlandt, 
Nicholas  Bayard, 
Gabriel  Mienvielle, 


Chudley  Brooke, 
William  Nicoll, 
Thomas  Willet, 
Thomas  Johnson. 


r34  History  oj  New-York. 

the  west  of  Delaware  bay  or  river,  were  in  the  duke  of 
York's  grant,  from  his  majesty  king  Charles  the  second, 
whose  governours  also  possessed  those  lands  on  the 
west  side  of  Delaware  bay  or  river.  By  several  grants, 
as  well  from  the  crown,  as  from  the  duke,  the  said  pro- 
vince has  been  so  diminished,  that  it  is  now  decreased 
to  a  very  few  towns  and  villages  ;  the  number  of  men 
fit  to  bear  arms,  in  the  whole  government,  not  amount- 
ing to  three  thousand,  who  are  all  reduced  to  great  po- 
verty." 

Fletcher  was  by  profession  a  soldier,  a  man  of  strong 
pass^ions,  and  inconsiderable  talents,  very  active  and 
equally  avaricious.  Nothing  could  be  more  fortunate 
to  him  than  his  early  acquaintance  with  major  Schuy- 
ler, at  Albany,  at  the  treaty  for  confirmation  of  the 
Indian  alliance,  the  fall  after  his  arrival.  No  man, 
then  in  this  province,  understood  the  state  of  our  aflairs 
with  the  Five  Nations  better  than  major  Schuyler.  He 
had  so  great  an  influence  over  them,  that  whatever 
duider,"^  as  they  called  him,  recommended  or  disap- 
proved, had  the  force  of  a  law.  This  power  over  them 
was  supported,  as  it  had  been  obtained,  by  repeated  of- 
fices of  kindness,  and  his  singular  bravery  and  activity 
in  the  defence  of  his  country.  These  qualifications 
rendered  him  singularly  serviceable  and  necessary, 
both  to  the  province  and  governour.  For  this  reason 
Fletcher  took  him  into  his  confidence,  and,  on  the  2^th 
of  October,  raised  him  to  the  council  board.  ITnder 
the  tutelage  of  major  Schuyler,  the  governour  became 
daily  more  and  more  acquainted  with  our  Indian  af- 
fairs ;  his  constant  application  to  which  procured  and 

*  Instead  of  Peter,  which  they  could  not  pronoance. 


History  oj  Nerv-YorJc.  135 

preserved  hun  a  reputation  and  influence  in  the  colony^ 
Without  this  knowledge,  and  which  was  all  that  he  had 
to  distinguish  himself,  his  incessant  solicitations  for  mo- 
ney, his  passionate  temper,  and  bigotted  principles, 
must  necessarily  have  rendered  him  obnoxious  to  the 
people,  and  kindled  a  hot  fire  of  contention  in  the  pro- 
vince. 

Tiie  old  French  governour,  who  found  that  all  his 
measures  for  accomplishing  a  peace  with  the  Five  Na- 
tions, proved  abortive,  was  now  meditating  a  blow  on 
the  Mohawks.  He  accordingly  collected  an  army  of 
six  or  seven  hundred  French  and  Indians,  and  supplied 
them  with  every  thing  necessary  for  a  winter  campaign^ 
They  set  out  from  Montreal,  on  the  13th  of  January, 
1693  ;  and  after  a  march  attended  with  incredible  hard- 
ships, they  passed  by  Sclienectady,  on  the  6th  of  Fe- 
bruary, and,  that  night,  captivated  five  men  and  some 
women  and  children,  at  the  first  castle  of  the  Mohawks. 
The  second  castle  was  taken  w  ith  equal  ease,  the  In- 
dian inhabitants  being  in  perfect  security,  and,  for  the 
most  part,  at  Schenectady.  At  the  third,  the  enemy 
found  about  forty  Indians  in  a  war  dance,  designing  to 
go  out,  upon  some  enterprise,  the  next  day.  Upon 
their  entering  the  castle  a  conflict  ensued,  in  which  the 
French  lost  about  thirty  men.  Three  hundred  of  our 
Indians  were  made  captives  in  this  descent  ;  and,  but 
for  the  intercession  of  the  savages  in  the  French  inte- 
rest, would  all  have  been  put  to  the  sword."^' 

*  Dr.  Colflen  and  the  Jesuit  Charlevoix  are  not  perfectly  agreed  iu 
tfie  history  of  this  irruption.  I  have  followed  sometimes  the  former^ 
and  at  other  times  the  latter;  according  as  the  facts,  more  imniediatelr, 
""lelaijed  to  the  conduct  of  their  resptgctive  countrymen. 


136  History  of  New- York. 

The  Indians  were  enraged,  and  with  good  reason,  at 
the  people  of  Schenectady,  who  gave  them  no  assist- 
ance against  the  enemy,  though  they  had  notice  of  their 
marching  by  that  village.  But  this  was  atoned  for  by 
the  succours  from  Albany.  Colonel  Schuyler  volun- 
tarily headed  a  party  of  two  hundred  men,  and  went 
out  against  the  enemy.  On  the  15th  of  February  he 
was  joined  by  near  three  hundred  Indians,  ill  armed, 
and  many  of  them  boys.  A  pretended  deserter,  who 
came  to  dissuade  the  Indians  from  the  pursuit,  inform- 
ed him,  the  next  day,  that  the  French  had  built  a  fort, 
and  waited  to  fight  him  ;  upon  which  he  sent  to  Ingols- 
by,  the  commandant  at  Albany,  as  well  for  a  reinforce- 
ment as  for  a  supply  of  provisions  ;  for  the  greatest 
part  of  his  men  came  out  with  only  a  few  biscuits  in 
their  pockets,  and  at  the  time  they  fell  in  with  the  en- 
emy, on  the  1 7th  of  the  month,  had  been  several  dayib 
without  any  kind  of  food.  Upon  approaching  the  French 
army,  sundry  skirmishes  ensued  ;  the  enemy  endea- 
vouring to  prevent  our  Indians  from  felling  trees  for 
their  protection.  Captain  Syms,  with  eighty  regulars  of 
the  independent  companies,  and  a  supply  of  provisions, 
arrived  on  the  19th,  but  the  enemy  had  marched  off  the 
day  before,  in  a  great  snow  storm.  Our  party,  however, 
pursued  them,  and  would  have  attacked  their  rear,  if 
the  Mohawks  had  not  been  averse  to  it.  When  the 
French  reached  the  north  branch  of  Hudson's  river, 
luckily  a  cake  of  ice  served  them  to  cross  over  it,  the 
river  being  open  both  above  and  below.  The  frost  was 
now  extremely  severe,  and  the  Mohawks  fearful  of  an 
engagement ;  upon  whicli  Schuyler  who  had  retaken 
about  fifty  Indian  captives,  desisted  from  the  pursuit  on 
the  20th  of  February  ;  four  of  his  men  and  as  many  In- 


History  of  New-York. 


137 


dians  being  killed,  and  twelve  wounded.  Our  Indians, 
at  this  time,  were  so  distressed  for  provisions,  that  they 
fed  upon  the  dead  bodies  of  the  French  ;  and  the  ene- 
my, in  their  turn,  were  reduced,  before  they  got  home, 
to  eat  up  their  shoes.  The  French  in  this  enterprise  lost 
eighty  men,  and  had  above  thirty  wounded, 

Fletcher's  extraordinary  dispatch  up  to  Albany,  up- 
on the  first  news  of  this  descent,  gained  the  esteem  both 
of  the  publick  and  our  Indian  allies* 

The  express  reached  NeAv-York  on  the  12th  of  Fe- 
bruary, at  ten  o'clock  in  the  night,  and  in  less  than  two 
days,  the  governour  embarked  with  three  hundred  vo- 
lunteers. The  river,  which  was  heretofore  very  uncom-^ 
mon  at  that  season,  was  open.^^  Fletcher  landed  at  Al- 
bany, and  arrived  at  Schenectady,  the  17th  of  the 
month,  which  is  about  one  hundred  and  sixty  miles  from 
New- York  ;  but  he  was  still  too  late  to  be  of  any  other 
use  than  to  strengthen  the  ancient  alliance.  The  Indians, 
in  commendation  of  his  activity  on  the  occasion,  gave 
him  the  name  of  Cayenguirago,  or,  the  great  swift  ar- 
row. 

Fletcher  returned  to  New- York,  and,  in  March,  met 
the  assembly,  who  were  so  well  pleased  with  his  late 
vigilance,  that  besides  giving  him  the  thanks  of  the  house, 
they  raised  6000/.  for  a  year's  pay  of  three  hundred 
volunteers,  and  their  officers,  for  the  defence  of  the  fron- 
tiers. 

As  the  greatest  part  of  this  province  consisted  of 
Dutch  inhabitants,  all  our  governours,  as  well  in  the 

*  The  climate  of  late  years  is  much  altered,  and  this  day,  February 
14,1756,  three  hundred  recruits  sailed  from  New- York  for  the  army 
under  the  command  of  general  Shirley,  now  quartered  at  Albany  ?  ami 
last  year,  a  slopp  went  up  the  river  a  mouth  earlier, 

18 


138 


Jtiistori/  of  New-York. 


duke's  time,  as  after  the  revolution,  tliou^lit  it  good 
policy  to  encourage  English  preachers  and  schooltrias- 
ters  in  the  colony.  No  man  coidd  be  more  bent  upon 
such  a  project  than  Fletcher,  a  bigot  to  the  episcopal 
form  of  church  government.  He,  accordingly,  recom- 
mended this  matter  to  the  assembly,  on  his  lirst  arrival, 
as  well  as  at  their  present  meeting.  The  house,  from  their 
attachment  to  the  Dutch  language,  and  the  model  of  the 
church  of  Holland,  secured  by  one  of  the  articles  of  sur- 
render, were  entirely  disinclined  to  the  scheme,  which 
occasioned  a  warm  rebuke  from  the  governour,  in  his 
speech  at  the  close  of  the  session,  in  these  words:  "gen- 
tlemenj  the  first  thing  that  I  did  recommend  to  y  ou,  a* 
our  last  meeting,  was  to  provide  for  a  ministry,  and 
nothing  is  done  in  it.  There  are  none  of  you,  but  what 
are  big  with  the  privileges  of  Englishmen  and  magna 
charta,  which  is  your  right ;  and  the  same  law  doth  pro- 
vide for  the  religion  of  tlie  church  of  England,  against 
sabbath  breaking  and  all  other  profanity.  But  as  you 
have  made  it  last,  and  postponed  it  this  session,  I  hope 
you  will  begin  with  it  the  next  meeting,  and  do  some- 
what toward  it  effectually." 

The  news  of  the  arrival  of  the  recruits  and  aiiimuni- 
tion  at  Canada,  the  late  loss  of  the  Mohawks,  and  the 
unfulfilled  promises  of  assistance,  made  from  time  to 
time,  by  the  English,  together  with  tiie  incessant  soli- 
citations of  Milet,  the  Jesuit,  all  conspired  to  induce  the 
Oneydoes  to  sue  for  a  peace  with  the  French.  To  pre- 
vent so  important  an  event,  Fletcher  met  the  Five  Na- 
tions at  Albany,  in  July,  1693,  with  a  considerable  pre- 
sent of  knives,  hatchets,  clothing,  and  ammunition,  which 
had  been  sent  over,  by  the  crown,  for  that  purpose. 
The  Indians  consented  to  a  renewal  of  the  ancient 


Jlistory  of  New-York. 


lea^ie,  and  expressed  their  gratitude,  for  the  king's  dona- 
tion, with  singular  force.  "  Brother  Cayengiiirago,  we 
roll  and  wallow  in  joy,  by  reason  of  the  great  favour 
the  great  king  and  queen  have  done  us,  in  sending  us 
arms  and  amrrjunition  at  a  time  Avhen  we  are  in  the 
greatest  need  of  them ;  and  because  there  is  such  unity 
^i»ong  the  brethren."  Colonel  Fletcher  pressed  their 
dtr^vering  up  to  him  Milet,  the  old  priest,  which  they 
promised,  but  never  performed.  On  the  contrary^  he 
had  influence  enough  to  persuade  all,  but  the  Mohawks, 
to  treat  about  the  peace  at  Onondaga,  though  the  go- 
vernour  exerted  himself  to  prevent  it.  * 

Soon  after  this  interview,  Fletcher  returned  to  NeW'- 
York  ;  and,  in  September,  met  a  new  assembly,  of 
which  James  Graham  was  chosen  speaker.  The  gover- 
nour  laboured,  at  this  session,  to  procure  the  establish^ 
meet  of  a  ministry  throughout  the  colony,  a  revenue  to 
his  majesty  for  life,  the  repairing  the  fort  in  New- York, 
and  the  erection  of  a  chapeL  'liiat  part  of  his  speech, 
relating  to  tlie  ministry,  w  as  in  these  words :  "  I  recom- 
rae^ided,  to  the  former  assembly,  the  settling  of  an  able 
ministry,  that  the  worship  of  God  may  be  observed 
among  us,  for  I  find  that  great  and  first  duty  very  much 
neglected.  Let  us  not  forget  that  there  is  a  God  that 
made  us,  who  will  protect  us  if  we  serve  him.  This  has 
been  always  the  first  thing  I  have  recommended,  yet  the 
last  in  your  consideration.  1  hope  you  are  all  satisfied 
of  the  great  necessity  and  duty  that  lies  upon  you  to 
do  this,  as  you  expect  his  blessing  upon  your  labouj-s.'' 
The  zeal  with  which  this  aflair  was  recommended,  induc- 
ed the  house,  on  the  12th  of  September,  to  appoint  ?i 
.commiltee  of  eight  members,  to  agree  upon  a  scheme 
for  settling  a  ministry,  in  each  respective  preciflc|, 


140 


History  of  New-^York. 


throughout  the  province.    This  committee  made  a  re- 
port the  next  day,  but  it  was  recommitted  till  the  af- 
ternoon, and  then  deferred  to  the  next  morning.  Se- 
veral debates  arising  about  the  report,  in  the  house,  it 
was  again  "  recommitted  for  farther  consideration."  On 
the  15th  of  September  it  was  approved,  the  establish- 
ment being  then  limited  to  several  parishes  in  four  coun- 
ties, and  a  bill  ordered  to  be  brought  in  accordingly  ; 
which  the  speaker  (who,  on  the  18th  of  September,  was 
appointed  to  draw  all  their  bills,)  produced  on  the  19th, 
It  was  read  twice  on  the  same  day,  and  then  referred 
to  a  committee  of  the  whole  house.    The  third  reading 
was  on  the  21st  of  September,  when  the  bill  passed,  and 
was  sent  up  to  the  governour  and  council,  who  imme- 
diately returned  it  with  an  amendment,  to  Y^st  his  ex- 
cellency with  an  episcopal  power  of  inducting  every 
incumbent,  adding  to  that  part  of  the  bill  near  the  end, 
which  gave  the  righl^  of  presentation  to  the  people, 
these  words,  "  and  presented  to  the  governour,  to  be  ap- 
proved and  collated.'^    The  house  declined  their  con^ 
sent  to  the  addition,  and  immediately  returned  the  bill, 
praying,    that  it  may  pass  without  the  amendment, 
having,  in  the  drawing  of  the  bill,  had  a  due  regard  to 
that  pious  intent  of  settling  a  ministry,  for  the  benefit 
of  the  people/'    Fletcher  was  so  exasperated  with  their 
refusal,  that  he  no  sooner  received  the  answer  of  the 
house,  than  he  convened  them  before  him,  and  in  an  an- 
gry speech  broke  up  the  session.  I  shall  lay  that  part  of 
it,  relating  to  this  bill,  before  the  reader,  because  it  is 
characteristick  of  the  man. 
Gentlemen, 

"  There  is  also  a  bill  for  settling  a  ministry  in  this 
^it^y  and  some  other  countries  of  the  government.  In 


Histofy  of  New- York. 


141 


tliat  very  thing  you  have  shown  a  great  deal  of  stiff- 
ness. You  take  upon  you  as  if  you  were  dictators.  I 
sent  down  to  you  an  amendment  of  three  or  four  words 
in  that  bill,  which,  though  very  immaterial,  yet  was 
positively  denied.  I  must  tell  you  it  seems  very  un- 
mannerly. There  never  was  an  amendment  yet  desir- 
ed by  the  council  board,  but  what  was  rejected.  It  is 
the  sign  of  a  stubborn  ill  temper,  and  this  have  also 
passed. 

"  But,  gentlemen,  I  must  take  leave  to  tell  you,  if 
you  seem  to  understand  by  these  words  that  none  can 
serve  without  your  collation  or  establishment,  you 
are  far  mistaken.  For  I  have  the  power  of  collating 
or  suspending  any  minister  in  my  government,  by 
their  majesties'  letters  patent ;  and  whilst  I  stay  in 
the  government  I  will  take  care  that  neither  heresj^, 
sedition,  schism,  or  rebellion,  be  preached  among  you, 
nor  vice  and  profanity  encouraged.  It  is  my  endea- 
vour to  lead  a  virtuous  and  pious  life  among  you,  and 
to  give  a  good  example :  I  wish  you  all  to  do  the  same. 
You  ought  to  consider  that  you  have  but  a  third  share 
in  the  legislative  power  of  the  government ;  and  ought 
not  to  take  all  upon  you,  nor  be  so  peremptory.  You 
ought  to  let  the  council  have  a  share.  They  are  in  the  na- 
ture of  the  house  of  lords,  or  upper  house ;  but  you  seem 
to  take  the  whole  power  in  your  hands,  and  set  up  for 
every  thing.  You  |piave  set  a  long  time,  to  little  pur- 
pose, and  have  been  a  great  charge  to  the  country. 
Ten  shillings  a  day  is  a  large  allowance,  and  you  punc- 
tually exact  it.  You  have  been  always  forward  enough 
to  pull  down  the  fees  of  other  ministers  in  the  govern- 
ment. Why  did  you  not  think  it  expedient  to  correct 
your  own,  to  a  more  moderate  allowance  ? 


142 


Mislory  of  Neiv-York. 


^'  Gentlemen,  I  shall  say  no  more,  at  present,  but 
that  you  do  withdraw  to  your  piivate  atflihs  in  the 
country.  I  do  prorogue  you  to  the  tenth  of  Janu- 
ary next,  and  you  are  hereby  prorogued  to  the  tenth 
day  of  January  next  ensuing/' 

The  violence  of  this  man's  temper  is  very  evident  in 
all  his  speeches  and  messages  to  the  assembly  ;  and  it 
can  only  be  attributed  to  the  ignorance  of  the  times 
that  the  members  of  that  house,  instead  of  asserting 
their  equality,  peaceably  put  up  with  his  rudeness. 
Certainly  they  deserved  better  usage  at  his  hands.  For 
the  revenue,  established  the  last  year,  was,  at  this  ses- 
sion, continued  for  five  years  longer  than  w^as  original- 
ly intended.  This  was  rendering  the  governour,  for  a 
time,  independent  of  the  people.  For  at  that  day,  the 
assembly  had  no  treasure  ;  but  the  amount  of  all  taxes 
went,  of  course,  into  the  hands  of  the  receiver  general, 
who  was  appointed  by  the  crown.  Out  of  this  fund 
monies  were  only  issuable  by  the  governour's  warrant ; 
so  that  every  officer  in  the  government,  from  Mr. 
Blaithwait,  who  drew  annually  five  per  cent,  out  of  the 
revenue,  as  auditor  general,  down  to  the  meanest  ser- 
vant of  the  publick,  became  dependent,  solely,  of  the 
governour.  And  hence  we  find  the  house,  at  the  close 
of  every  session,  humbly  addressing  his  excellency  for 
the  trifling  w^ages  of  their  own  clerk.  Fletcher  was, 
notwithstanding,  so  much  displeased  with  them,  that, 
soon  after  the  prorogation,  he  dissolved  the  assembly. 

The  members  of  the  new  assembly  met,  according  to 
the  writ  of  summons,  in  March,  1694,  and  chose  colo^ 
nel  Peirson  for  their  speaker,  Mr.  Graham  being  left 
out  at  the  election  for  the  city.  The  shortness  of  this 
session,  which  continued  only  to  the  latter  end  of  the 


llisiory  of  New- York.  143 

month,  was  owing  to  the  disagreeable  business  the 
house  began  upon,  of  examining  the  state  of  the  pub- 
lick  accounts,  and,  in  particular,  the  muster  rolls  of 
the  volunteers  in  the  pay  of  the  province.  They,  how- 
ever, resumed  it  again  in  September,  and  formally  en- 
tered their  dissatisfaction  with  the  receiver  generaFs 
accounts.  The  governour,  at  the  same  time,  blew  up 
the  coals  of  contention,  by  a  demand  of  additional  pay 
for  the  king's  soldiers,  then  just  arrived,  and  new  supplies 
for  detachments  in  defence  of  the  frontiers.  He  at  last 
prorogued  them,  after  obtaining  an  act  for  supporting 
one  hundred  men  upon  the  borders.  The  same  disputes 
revived  again  in  the  spring,  1695  ;  and  proceeded  to 
such  lengths,  that  the  assembly  asked  the  governour's 
leave  to  print  their  minutes,  that  they  might  appeal  to 
the  publick.  It  WTtS  at  this  session,  on  the  12th  of  April, 
1695,  that,  upon  a  petition  of  five  church  wardens  and 
vestrymen  of  the  city  of  New-York,  the  house  declared 
it  to  be  their  opinion,  "  that  the  vestryjnen  and  church 
w^ardens  have  power  to  call  a  dissenting  protestant  min- 
ister, and  that  he  is  to  be  paid  and  maintained  as  the  act 
directs.''  The  intent  of  this  petition  was  to  refute  an 
opinion,  which  prevailed,  that  the  late  ministry  act  was 
made  for  the  sole  benefit  of  episcopal  clergymen. 

The  quiet,  undisturbed  state  of  the  frontiers,  while 
the  French  were  endeavouring  to  make  a  peace  with 
the  Five  Nations,  and  the  complaints  of  many  of  the 
volunteers,  wlio  had  not  received  their  pay,  very  much 
conduced  to  the  backwardness  of  the  assembly,  in  an- 
swering Fletcher's  perpetual  demands  of  money.  But 
when  the  Indians  refused  to  comply  with  the  terms  of 
peace  demanded  by  the  French  governour,  which  were 
to  suffer  him  to  rebuild  the  fort  at  Cadaraqui,  and  to  in- 


144 


History  oj  Nejv-York, 


elude  the  Indian  allies,  the  war  broke  out  afresh,  and 
the  assembly  were  obliged  to  augment  both  their  de- 
tachments and  supplies.  The  count  Frontenac  now 
levelled  his  wrath  principally  against  the  Mohawks,  who 
were  more  attached,  than  any  other  of  the  Five  Nations, 
to  our  interest :  but  as  his  intentions  had  taken  air,  he 
prudently  changed  his  measures,  and  sent  a  party  of 
three  hundred  men  to  the  isthmus  of  Niagara,  to  sur- 
prise those  of  the  Five  Nations  that  might  be  hunting 
there.  Among  a  few  that  were  met  with,  some  were 
killed,  and  others  taken  prisoners,  and  afterwards  burnt 
at  Montreal.  Our  Indians  imitated  the  count's  exam- 
ple, and  burnt  ten  Dewagunga  captives. 

Colonel  Fletcher  and  his  assembly  having  come  to 
an  open  rupture  in  the  spring,  he  called  another  in  June, 
of  which  .lames  Graham  was  chosen  speaker.  The 
count  Frontenac  was  then  repairing  the  old  fort  at  Ca- 
daraqui ;  and  the  intelligence  of  this,  and  the  king's 
assignment  of  the  quotas  of  the  several  colonies,  for  an 
united  force^  against  the  French,  were  the  principal 
matters  which  the  governour  laid  before  the  assembly. 
The  list  of  the  quota  was  this  : 

*  As  such  an  union  appeared  to  be  necessary  so  long  ago,  it  is  very 
surprising  that  no  effectual  scheme  for  that  purpose  has  hitherto  been 
carried  into  full  execution.  A  plan  was  concerted,  in  the  great  con- 
gress consisting  of  commissioners  from  several  colonies,  met  at  Albany^ 
in  1 754 ;  but  what  approbation  it  received  at  home,  has  not  hitherto 
been  made  publick.  The  danger  to  Great  Britain,  apprehended  from 
our  united  force,  is  founded  in  a  total  ignorance  of  the  true  state  and 
character  of  the  colonies.  None  of  his  majesty's  subjects  are  more  loy- 
al, or  more  strongly  attached  to  protestant  principles ;  and  the  remark- 
able attestation,  in  the  elegant  address  of  the  lords  of  the  13th  of  No- 
vember, 1755,  in  our  favour,  That  we  are  a  great  body  of  brave  and 
faithful  subjects,"  is  as  justly  due  to  us,  as  it  was  nobly  said  by  them. 


History  of  New-  York. 


145 


Pennsylvania,  80/.   Rhode  Island  and  Provi- 

Massachusetts'  Bay,  350  dence  Plantations,  48/. 
Maryland,  160   Connecticut,  120 

Virginia,  240  New- York,  200 

As  a  number  of  forces  were  now  arrived,  the  assem^ 
bly  were  in  hopes  the  province  would  be  relieved  from 
raising  any  more  men  for  the  defence  of  the  frontiers  ; 
and,  to  obtain  this  favour  of  the  governour,  ordered 
1000/.  to  be  levied,  one  half  to  be  presented  to  him, 
and  the  rest  he  had  leave  to  distribute  among  the  Eng- 
lish officers  and  soldiers.  A  bill  for  this  purpose  was 
drawn  ;  but  though  his  excellency  thanked  them  for 
their  favourable  intention,  he  thought  it  not  for  his  ho- 
nour to  consent  to  it.  After  passing  several  laws,  the 
session  broke  up  in  perfect  harmony,  the  governour,  in 
his  great  grace,  recommending  it  to  the  house  to  ap- 
point a  committee  to  examine  the  publick  accounts 
against  the  next  session. 

In  September,  Fletcher  went  up  to  Albany  with  ve- 
ry considerable  presents  to  the  Indians ;  whom  he 
blamed  for  suffering  the  French  to  rebuild  the  fort  at 
Cadaraqui,  or  Frontenac,  which  commands  the  entrance 
from  Canada  into  the  great  lake  Ontario. 

While  these  works  were  carrying  on,  the  Diononda- 
dies,  who  were  then  poorly  supplied  by  the  French, 
made  overtures  of  a  peace  with  the  Five  Nations,  which 
the  latter  readily  embraced,  because  it  was  owing  to 
their  fears  of  these  Indians,  who  lived  near  the  lake 
Missilimachinac,  that  they  never  dared  to  march  with 
their  whole  strength  against  Canada.  The  French  com- 
mandant was  fully  sensible  of  the  importance  of  pre- 
venting this  alliance.  The  civilities  of  the  Dionondadieg 
to  the  prisoners,  by  whom  the  treaty,  to  prevent  a  dis- 

19 


146 


History  of  New-York. 


^overy,  was  negociated,  gave  the  officer  the  first  suspi- 
cion of  it.  One  of  these  wretches  had  the  unhappiness 
to  fall  into  the  hands  of  the  French,  who  put  him  to  the 
most  exquisite  torments,  that  all  future  intercourse  with 
the  Dionondadies  might  be  cut  off.  Dr.  Golden,  in  just 
resentment  for  this  inhuman  barbarity,  has  published 
the  whole  process  from  La  Potherie's  history  of  JNorth 
America,  and  it  is  this : 

"  The  prisoner  being  first  made  fast  to  a  stake,  so  as 
to  have  room  to  move  round  it ;  a  Frenchman  began  the 
horrid  tragedy,  by  broiling  the  flesh  of  the  prisoner's 
legs,  from  his  toes  to  his  knees,  with  the  fed  hot  barrel 
of  a  gun.  His  example  was  followed  by  an  Utawawa, 
who,  being  desirous  to  outdo  the  Frenc:h  in  their  refin- 
ed cruelty,  split  a  furrow  from  the  prisoner's  shoulder 
to  his  garter,  and,  filling  it  with  gunpowder,  set  fire  to 
it.  This  gave  him  exquisite  pain,  and  raised  excessive 
laughter  in  his  tormentors.  When  they  found  his  throat 
so  much  parched  that  he  was  no  longer  able  to  gratify 
their  ears  with  his  howling,  they  gave  him  water,  to 
enable  him  to  continue  their  pleasure  longer.  But  at 
last  his  strength  failing,  an  Utawawa  fleaed  off  his  scalp, 
and  threw  burning  hot  coals  on  his  scull.  Then  they 
untied  him,  and  bid  him  run  for  his  life.  He  began  to 
run,  tumbling  like  a  drunken  man.  They  shut  up  the 
way  to  the  east,  and  made  him  run  westward,  the  coun- 
try, as  they  think,  of  departed  miserable  souls.  He  had 
still  force  left  to  throw  stones,  till  they  put  an  end  to  his 
misery  by  knocking  him  on  the  head.  After  this  every 
one  cut  a  slice  from  his  body,  to  conclude  the  tragedy 
with  a  feast.'' 

From  the  time  colonel  Fletcher  received  his  instruc- 
tion respecting  the  quotas  of  these  colonies,  for  the  de- 
fence of  the  frontiers,  he  repeatedly,  but  in  vain,  urged 


it 

History  of  Nerv-Yorh 


147 


their  compliance  with  the  king's  direction  :  he  then 
carried  his  complaints  against  them  home  to  his  majes- 
ty, but  all  his  applications  were  defeated  by  the  agents 
of  those  colonies,  who  resided  in  England,  As  soon, 
therefore,  as  he  had  laid  this  matter  before  the  assem- 
bly, in  autumn,  1695,  the  house  appointed  William  Ni- 
coll,  to  go  home  in  the  quality  of  an  agent  for  this  pro- 
vince, for  which  they  allowed  him  1000/.  But  his  so- 
licitations proved  imsuccessful,  and  the  instruction,  re- 
lating to  these  quotas,  which  is  still  continued,  remains 
unnoticed  to  this  day.  Fletcher  maintained  a  good  cor- 
respondence with  the  assembly,  through  the  rest  of  his 
administration ;  and  nothing  appears,  upon  their  jour- 
nals, worth  the  reader's  attention. 

The  French  never  had  a  governour,  in  Canada,  so 
vigilant  and  active  as  the  count  De  Frontenac.  He  had 
no  sooner  repaired  the  old  fort,  called  by  his  name,  than 
he  formed  a  design  of  invading  the  country  of  the  Five 
Nations  with  a  great  army.  For  this  purpose,  in  1696, 
he  convened,  at  Montreal,  all  the  regulars,  as  well  as 
militia,  under  his  command ;  the  Ow^enagungas,  Quatog- 
hies  of  Loretto,  Adirondacks,  Sokakies,  Nipiciriniens, 
the  proselyted  pra}  ing  Indians  of  the  Five  Nations, 
and  a  few  Utawawas.  Instead  of  waggons  and  horses, 
which  are  useless  in  such  a  coimtry,  as  he  had  to  march 
through,  the  army  was  conveyed,  through  rivers  and 
lakes,  in  light  barks,  which  are  portable,  >Yhenever  the 
rapidity  of  the  stream  and  the  crossing  an  isthmus  ren- 
dered it  necessary.  The  count  left  la  Chine,  at  the 
south  end  of  the  Island  of  Montreal,  on  the  7th  of  Ju- 
ly. Two  battalions  of  regulars,  under  the  command  of 
Le  Chevalier  de  Calliere^,  headed  bv  a  number  of  In- 
dians,  led  the  van,  with  tw  o  small  pieces  of  cannon,  the 
mortars,  grenadoes,  and  amanunition.    After  them  fol- 


148 


History  of  New-York. 


lowed  the  provisions  ;  then  the  main  body,  with  the 
count's  household,  a  considerable  number  of  volunteers, 
and  the  engineer  ;  and  four  battalions  of  the  militia, 
commanded  by  monsieur  De  Ramezai,  governour  of 
Trois  Rivieres. 

Two  battalions  of  regulars  and  a  few  Indians,  under 
the  chevalier  De  Vaudrueil,  brought  up  the  rear.  Be- 
fore the  army  went  a  parcel  of  scouts,  to  descry  the 
tracts  and  ambuscades  of  the  enemy.  After  twelve  days 
march,  they  arrived  at  Cadaraqui,  about  one  hundred 
and  eighty  miles  from  Montreal,  and  then  crossed  the 
lake  to  Oswego.  Fifty  men  marched  on  each  side  of  the 
Onondaga  river,  which  is  narrow  and  rapid.  When  they 
entered  the  little  lake,^  the  army  divided  into  two  parts, 
coasting  along  the  edges,  that  the  enemy  might  be  un- 
certain as  to  the  place  of  their  landing,  and  where  they 
did  land,  they  erected  a  fort.  The  Onondagas  had  sent 
away  their  wives  and  children,  and  were  determined  to 
defend  their  castle,  till  they  were  informed  by  a  deser- 
ter of  the  superiour  strength  of  the  French,  and  the  na- 
ture of  bombs,  which  were  intended  to  be  used  against 
them,  and  then,  after  setting  fire  to  their  village,  they 
retired  into  the  woods.  As  soon  as  the  count  heard  of 
this,  he  marched  to  their  huts  in  order  of  battle  ;  being 
himself  carried  in  an  elbow  chair,  behind  the  artillery. 
With  this  taighty  apparatus  he  entered  it,  and  the  de- 
struction of  a  little  Indian  corn  was  the  great  acquisition. 
A  brave  sachem,  then  about  a  hundred  years  old,  was 

*  The  Onondaga  lake,  noted  for  a  good  salt  pit  at  the  southeast 
end  ;  which,  as  it  may  be  very  advantageous  to  the  garrison  at  Oswe- 
go, it  is  hoped  the  government  will  never  grant  to  aay  private  com- 
pany. 


History  of  New- York. 


149 


the  only  person,  who  tarried  in  the  castle  to  salute  the 
old  general.  The  French  Indians  put  him  to  torment, 
which  he  endured  with  astonishing  presence  of  mind. 
To  one  who  stabbed  him  with  a  knife,  "  you  had  belter, 
says  he,  make  me  die  by  fire,  that  these  French  dogs  may 
learn  how  to  suffer  like  men  :  you  Indians,  their  allies, 
you  dogs  of  dogs,  think  of  me  when  you  are  in  the  like 
condition."^  This  sachem  was  the  only  man,  of  all  the 
Onondagas,  that  was  killed  ;  and  had  not  thirty-five 
Oneydoes,  who  waited  to  receive  Yaudrueil  at  their 
castles,  been  afterwards  basely  carried  into  captivity, 
the  count  would  have  returned  without  the  least  mark 
of  triumph.  As  soon  as  he  began  his  retreat,  the  Onon- 
dagas followed,  and  annoyed  his  army  by  cutting  off 
several  battoes. 

This  expensive  enterprise,  and  the  continual  incur- 
sions of  the  Five  Nations,  on  the  country  near  Montre- 
al, again  spread  a  famine  through  all  Canada.  The 
count,  however,  kept  up  his  spirits  to  the  last ;  and  sent 
out  scalping  parties,  who  infested  Albany,  as  our  In- 
dians did  Montreal,  till  the  treaty  of  peace,  signed  at 
Ryswick,  in  1697. 

Richard,  earl  of  Bellamont,  Avas  appointed  to  succeed 
colonel  Fletcher,  in  the  year  1695,  but  did  not  receive 
his  commission  till  the  18th  of  June,  1697  ;  and  as  he 
delayed  his  voyage  till  after  the  peace  of  Ryswick,  which 
was  signed  the  10th  of  September  following,  he  was 
blown  off  our  coast  to  Barbadoes,  and  did  not  arrive 
here  before  the  2d  of  April,  1698. 

*  "  oN'ever,  perhaps,  says  Charlevoix,  "vvas  a  mao  treated  with  more 
cruelty,  nor  did  any  ever  bear  it  with  superionr  magnanimity  and  re- 
solution." 


150 


History  of  New-York. 


During  the  late  war,  the  seas  were  extremely  infested 
with  English  pirates,  some  of  whom  sailed  out  of  New- 
York  ;  and  it  was  strongly  suspected  that  they  had  re- 
ceived too  much  countenance  here,  even  from  the  go- 
vernment, during  Fletcher's  administration.  His  lord- 
ship's promotion  to  the  chief  command  of  the  Massachu- 
setts' bay  and  New-Hampsiiire,  as  well  as  this  province, 
was  owing  partly  to  his  rank,  but  principally  to  the  af- 
fair of  the  pirates  ;  and  the  multiplicity  of  business,  to 
which  the  charge  of  three  colonies  would  necessarily  ex- 
pose him,  induced  the  earl  to  bring  over  with  him  John 
Nanfan,  his  kinsman,  in  the  quality  of  our  lieutenant 
governour.^  When  lord  Bellamont  was  appointed  to 
the  government  of  these  provinces,  the  king  did  him  the 
honour  to  say,  "  that  he  thought  him  a  man  of  resolu- 
tion and  integrity,  and  with  these  qualities  -more  likely 
than  any  other  he  could  think  of,  to  put  a  stop  to  the 
growth  of  piracy." 

Before  the  earl  set  out  for  America,  he  became  ac- 
quainted with  Robert  Livingston,  esq  ;t  who  was  then 
in  England,  soliciting  his  own  affairs  before  the  council 
and  the  treasury,,    The  earl  took  occasion,  in  one  of  his 

^  His  comrijission  Avas  dated  the  1st  of  July,  1697. 

f  This  gentleman  was  a  son  of  Mr.  j  ohn  Livingston,  one  of  the  com- 
missioners from  Scotland  to  king  Charles  II.  while  he  was  an  exile  at 
Breda.  He  was  a  clergyman  distinguished  by  his  zeal  and  industry; 
and,  for  his  opposition  to  episcopacy,  became  so  obnoxious,  after  the  re- 
storation, to  the  English  court,  that  he  left  Scotland,  and  took  the  pas- 
toral charge  of  an  English  presbyterian  church  in  Rotterdam.  His 
descendants  are  very  numerous  in  this  province,  and  the  family  in  the 
first  rank  for  their  wealth,  morals,  and  education.  The  original  diary, 
in  the  hand  writing  of  their  comnjou  ancestor,  is  still  among  them,  and 
contains  a  history  of  his  life. 


History  of  New- York. 


conferences  with  Mr.  Livingston,  to  mention  the  scau^ 
dal  tije  province  was  under  on  account  of  the  pirates. 
The  latter,  who  confessed  it  was  not  without  reason, 
brought  the  earl  acquainted  with  one  Kid,  whom  he  re- 
commended as  a  man  of  integrity  and  courage,  that 
knev/  Ihe  pirates  and  their  rendezvous,  and  would  un- 
dertake to  apprehend  them,  if  the  king  would  employ 
him  in  a  good  sailing  frigate  of  thirty  guns  and  one  hun- 
dred and  fifty  men.  The  earl  laid  the  proposal  before  the 
king,  who  consulted  the  admiralty  upon  that  subject ; 
but  this  project  dropped,  through  the  uncertainty  of  the 
adventure,  and  the  French  Vv  ar,  which  gave  full  employ- 
ment to  all  the  ships  in  the  navy,  Mr.  Livingston  then 
proposed  a  private  adventure  against  the  pirates,  offer- 
ing to  be  concerned  with  Kid,  a  fifth  part  in  the  ship 
and  charges,  and  to  be  bound  for  Kid's  faithful  execu- 
tion of  the  commission.  The  king  then  approved  of 
the  design,  and  reserved  a  tenth  share,  to  show  that  he 
was  concerned  in  the  enterprise.  Lord  chancellor  So- 
mers,  the  duke  of  Shrewsbury,  the  earls  of  Romney 
and  Oxford,  sir  Edmond  Harrison  and  others,  joined  in 
the  scheme,  agreeing  to  the  expense  of  6000/.  But  the 
management  of  the  whole  affair  was  left  to  lord  Bella- 
mont,  vvho  gave  orders  to  Kid  to  pursue  his  commis- 
sion, which  was  in  common  form.  Kid  sailed  from 
Plymouth  for  New-York,  in  April,  1696;  and  after- 
wards turned  pirate,  burnt  his  ship,  and  came  to  Boston, 
where  the  earl  apprehended  him.  His  lordship  wrote 
to  the  secretary  of  state,  desiring  that  Kid  might  be 
sent  for.  The  Rochester  man  of  war  was  dispatched 
upon  this  service ;  but  being  driven  back,  a  general 
suspicion  prevailed  in  England,  that  all  was  collusion 
between  the  mini^^try  and  the  adventurers,  who,  it  was 


152 


History  of  Nov-Yorlt. 


thought)  Mrere  unwilling  Kid  should  be  brought  home, 
lest  he  might  discover  that  the  chancellor,  the  duke, 
and  others,  were  confederates  in  the  piracy.  The 
matter  even  proceeded  to  such  lengths,  that  a  motion 
was  made,  in  the  house  of  commons,  that  all  who  were 
concerned  in  the  adventure  might  be  turned  out  of  their 
employments  ;  but  it  was  rejected  by  a  great  majority- 
The  tory  paily,  who  excited  these  clamours,  though 
they  lost  their  motion  in  the  house,  afterwards  impeach- 
ed several  whig  lords  ;  and,  among  other  articles,  charg- 
ed them  with  being  concerned  in  Kid's  piracy.  But 
these  prosecutions  served  only  to  brighten  the  innocen- 
cy  of  those  against  whom  they  were  brought ;  for  the 
impeached  lords  were  honourably  acquitted  by  their 
peers. 

Lord  Bellamont's  commission  was  pubKshed  in  coun- 
cil on  the  day  of  his  arrival ;  colonel  Fletcher,  who 
still  remained  governour  under  the  proprietors  of  Penn- 
sylvania, and  lieutenant  governour  Nanfan,  being  pre- 
sent.   The  members  of  the  council  were, 

Frederick  Philipse,  William  Nicoll, 

Stephen  Van  Cortlandt,     Thomas  Willet, 
Nicholas  Bayard,  William  Pinhorne, 

Gabriel  Mienville,  John  Lawrence. 

William  Smith, 
After  the  earl  had  dispatched  captain  John  Schuyler, 
and  Dellius,  the  Dutch  minister  of  Albany,  to  Canada, 
with  the  account  of  the  peace,  and  to  solicit  a  mutual 
exchange  of  prisoners  ;  he  laid  before  the  council  the 
letters  from  secretary  Vernon  and  the  East-India  com- 
pany, relating  to  the  pirates  ;  informing  that  board, 
that  he  had  an  affidavit,  that  Fletcher  had  permitted 
them  to  land  their  spoils  in  this  province,  and  that  Mr. 


History  of  New- York. 


153 


Nicoll  barg;ainecl  for  their  protections,  and  received  for 
his  services  800  Spanish  dollars.  Nicoll  confessed  the 
receipt  of  the  money  for  protections,  but  said  it  was  in 
virtue  of  a  late  act  of  assembly,  allowing  privateers  on 
their  giving  security  ;  but  he  denied  the  receipt  of  any 
money  from  known  pirates.  One  Weaver  was  admit- 
ted, at  this  time,  into  the  council  chamber,  and  acted  in 
the  quality  of  king's  council,  and  in  answer  to  Mr.  Ni- 
coll,  denied  that  there  was  any  such  act  of  assembly  as 
he  mentioned.  After  considering  the  whole  matter,  the 
council  advised  his  excellency  to  send  Fletcher  home, 
but  to  try  Nicoll  here,  because  his  estate  would  not 
bear  the  expense  of  a  trial  in  England.  Their  advice 
was  never  carried  into  execution,  which  was  probably 
owing  to  a  want  of  evidence  against  the  parties  accused* 
It  is,  nevertheless,  certain  that  the  pirates  w^ere  frequent- 
ly in  the  sound,  and  supplied  with  provisions  by  the  in- 
habitants of  Long  Island,  who,  for  many  years  after- 
wards, were  so  infatuated  with  a  notion  that  the  pirates 
buried  great  quantites  of  money  along  the  coast,  that 
there  is  scarce  a  point  of  land,  or  an  island,  without  the 
marks  of  their  auri  sacra  fames.  Some  credulous  peo- 
ple have  ruined  themselves  by  these  researches,  and 
propagated  a  thousand  idle  fables,  current  to  this  day, 
among  our  country  farmers* 

As  Fletcher,  through  the  whole  of  his  administration, 
had  been  entirely  influenced  by  the  enemies  of  Leisler  : 
nothing  could, be  more  agreeable  to  the  numerous  ad- 
herents of  that  unhappy  man,  than  the  earFs  disaflec- 
tion  to  the  late  governour.  It  was  for  this  reason  they 
immediately  devoted  themselves  to  his  lordship,  as  the 
head  of  their  party. 

20 


154 


History  of  New^York. 


The  majority  of  the  members  of  the  council  Avera 
Fletcher's  friends,  and  there  needed  nothing  more  to 
render  them  obnoxious  to  his  lordship.  Leisler's  advo* 
cates,  at  the  same  time,  mortally  hated  them  ;  not  only 
because  they  had  imbrued  their  hands  in  tlie  blood  of 
the  principal  men  of  their  party,  but  also  because  they 
had  engrossed  the  sole  confidence  of  the  late  governour, 
and  brought  down  his  resentment  upon  them.  Hence,  at 
the  commencement  of  the  earl's  administration,  the  mem- 
bers of  the  council  had  every  thing  to  fear  ;  while  the 
party  they  had  depressed,  began  once  again  to  erect 
its  head  under  the  smiles  of  a  governour,  who  was  fond 
of  their  aid,  as  they  were  solicitous  to  conciliate  his  fa- 
vour. Had  the  earl  countenanced  the  enemies,  as  well  as 
the  friends  of  Leisler,  which  he  might  have  done,  his  ad- 
ministration would,  doubtless^  have  been  easier  to  iiiin- 
self  and  advantageous  to  the  province.  But  his  inflex- 
ible aversion  to  Fletcher  prevented  his  acting  with  that 
moderation,  which  was  necessary  to  enable  him  to  go- 
vern both  parties.  The  fire  of  his  temper  appeared  very 
early,  on  his  suspending  Mr.  Nicoll  from  the  board  of 
council,  and  obliging  him  to  enter  into  a  recognizance 
in  2000/.  to  answer  for  his  conduct  relating  to  the  pro- 
tections. But  his  speech  to  the  new  assembly,  conven- 
ed on  the  18th  of  May,  gave  the  fullest  evidence  of  his 
abhorrence  of  the  late  administration.  Philip  French 
was  chosen  speaker,  and  waited  upon  his  excellency, 
with  the  house,  when  his  lordship  spoke  to  them  in  the 
following  manner  : 

"  I  cannot  but  observe  to  you  what  a  legacy  my  pre- 
decessor has  left  me,  and  what  difficulties  to  struggle 
with  ;  a  divided  people,  an  empty  purse,  a  few  misera- 
•   ble,  naked,  half  starved  soldiers,  not  half  the  number  the 


/ 


History  of  New-York.  155 

king  allowed  pay  for  :  the  fortifications,  and  even  the 
governour's  house  very  much  out  of  repair,  and,  in  a 
word,  the  whole  government  out  of  frame.  It  hath  been 
represented  to  the  government  in  j!ngland,  that  this  pro- 
vince has  been  a  noted  receptacle  of  pirates,  and  the 
trade  of  it  under  no  restriction,  but  the  acts  of  trade  vio- 
lated by  the  neglect  and  connivance  of  those  whose  du- 
ty it  was  to  have  prevented  it." 

After  this  introduction,  he  puts  them  in  mind  that  the 
revenue  was  near  expiring,  "  It  would  be  hard,  says  he, 
if  I  that  come  among  you  with  an  honest  mind,  and  a 
resolution  to  be  just  to  your  interest,  should  meet  with 
greater  difficulties,  in  the  discharge  of  his  majesty's 
service,  than  those  that  have  gone  before  me,  I  Avill 
take  care  there  shall  be  no  misapplication  of  the  publick 
money.  I  will  pocket  none  of  it  myself,  nor  shall  there 
be  any  embezzlement  by  others  ;  but  exact  accountb^ 
shall  be  given  you,  when,  and  as  often,  as  you  shall  re- 
quire.'' 

It  was  customary  with  Fletcher  to  be  present  in  the 
field  to  influence  elections ;  and  as  the  assembly  con- 
sisted, at  this  time,  of  but  nineteen  members,  they  were 
too  easily  influenced  to  serve  the  private  ends  of  a  fac- 
tion. For  that  reason  his  lordship  was  warm  in  a 
scheme  of  increasing  their  number,  at  present,  to  thir- 
ty, and  so,  in  proportion,  as  the  colony  became  more 
populous  ;  and  hence  w^e  find  the  following  clause  ia 
his  speech  :  "  You  cannot  but  know  what  abuses  have 
been  formerly  in  elections  of  members  to  serve  in  the 
general  assembly,  which  tends  to  the  subversion  of  your 
liberties.  I  do,  therefore,  recommend  the  making  of 
law  to  provide  against  it," 


156 


History  of  New- York. 


The  house,  though  unanimous  in  a  hearty  address  of 
thanks  to  the  governour  for  his  speech,  could  scarce 
agree  upon  any  thing  else.  It  was  not  till  the  beginning  of 
June  before  they  had  finished  the  controversies  relating 
to  the  late  turbulent  elections ;  and  even  then  six  mem- 
bers seceded  from  the  house,  which  obliged  his  excel- 
lency to  dissolve  the  assembly,  on  the  14th  of  June, 
1698.  About  the  same  time  the  governour  dismissed 
two  of  the  council  ;  Pinhorne,  for  disrespectful  words 
of  the  king,  and  Brook,  the  receiver  general,  who  was 
also  turned  out  of  that  office,  as  w^ell  as  removed  from 
his  place  on  the  bench. 

In  July  the  disputes  with  the  French,  concerning  the 
exchanging  of  prisoneis,  obliged  liis  excellency  to  go 
up  to  Albany.  When  the  earl  sent  the  account  of  the 
conclusion  of  the  peace  to  the  governour'  of  Canada,  all 
the  French  prisoners,  in  our  custody,  were  restored, 
and  as  to  those  among  the  Indians,  he  promised  to  or- 
der them  to  be  safely  escorted  to  Montreal.  His  lord- 
ship then  added,  "  I  doubt  not,  sir,  that  you,  on  your 
part,  will  also  issue  an  order  to  relieve  the  subjects  of 
the  king,  captivated  during  the  war,  whether  Christians 
or  Indians." 

The  count,  fearful  of  being  drawn  into  an  implicit 
acknowledgment,  that  the  Five  JNations  were  subject  to 
the  English  crown,  demanded  the  French  prisoners, 
among  the  Indians,  to  be  brought  to  Montreal  ;  threat- 
ening, at  the  same  time,  to  continue  the  war  against 
the  confederates,  if  they  did  not  comply  with  his  request- 
After  the  earFs  interview  with  them,  he  wrote  a  second 
letter     to  the  count,  informing  him  that  they  had  im- 

*  Charlevoix  haspublished'both  these  letters,  at  large,  together  ivith 


History  of  New-York. 


15? 


portunately  begged  to  continue  under  the  protection 
of  the  English  crown,  professing  an  inviolable  subjec- 
tion and  fidelity  to  his  majesty  ;  and  that  the  Five  Na- 
tions were  always  considered  as  subjects,  which,  says 
his  lordship,  "  can  be  manifested  to  all  the  world  by 
authentick  and  solid  proofs."  His  lordship  added,  that 
he  would  not  suffer  them  to  be  insulted,  and  threatened 
to  execute  the  laws  of  England  upon  the  missionaries, 
if  they  continued  any  longer  in  the  Five  Cantons.  A 
resolute  spirit  runs  through  the  whole  letter,  which  con- 
cludes in  these  words  :  "  if  it  is  necessary,  I  will  arm 
every  man  in  the  provinces,  under  my  government,  to 
oppose  you  ;  and  redress  the  injury  that  you  may  per- 
petrate against  our  Indians."  The  count,  in  his  answer, 
proposed  to  refer  the  dispute  to  the  commissaries  to  be 
appointed  according  to  the  treaty  of  llyswick  f-  but 
the  earl  continued  the  claim,  insisting  that  the  French 
prisoners  should  be  delivered  up  at  Albany. 

The  French  count  dying  while  this  matter  was  con- 
troverted, monsieur  de  Callieres,  his  successour,  sent 
ambassadours,  the  next  year,  to  Onondaga,  there  to  re- 
gulate the  exchange  of  prisoners,  which  was  accomplish- 
ed without  the  earl's  consent ;  and  thus  the  important 
point,  in  dispute,  remained  unsettled.  The  jesuit,  Bruy- 
^s,  who  was  upon  this  embassage,  offered  to  live  at  On- 

count  Frontenac's  answer.  I  have  had  no  opportunity  of  enquirln^y  in- 
to the  Jesuit's  integrity,  in  these  transcripts,  being  unable  to  find  his 
lordship's  letters  in  the  secretary's  office. 

*  The  count  misunderstood  the  treaty.  No  provision  ^vas  made  by 
it  for  commissaries  to  settle  the  limits  between  the  English -and  French 
possessions,  but  only  to  examine  and  determine  the  controverted  rights 
4nd  pretensions  to  Hudson's  Bay. 


158 


History  of  New-Yorlc. 


ondaga  ;  but  the  Indians  refused  his  belt,  saying  that 
Corlear,  or  the  governour  of  New- York,  had  ah^eady 
offered  them  ministers  for  their  instruction. 

Great  alterations  were  made  in  council,  at  his  excel- 
lency's return  from  Albany.  Bayard,  Mienvielle,  Wil- 
let,  Townley,  and  Lawrence,  were  all  suspended  on  the 
28th  of  September  ;  and  colonel  Abraham  de  Peyster, 
Robert  Livingston,  and  Samuel  Staats,  called  to  that 
board.  The  next  day,  Frederick  Philipse  resigned  his 
seat,  and  Robert  Walters  was  sworn  in  his  stead. 

The  new  assembly,  of  which  .James  Graham  was  cho- 
sen speaker,  met  in  the  spring.  His  excellency  spoke 
to  them  on  the  21st  of  March,  1699. 

As  the  late  assembly  was  principally  composed  of 
Anti  Leislerians,  so  this  consisted,  almost  entirely,  of 
the  opposite  party.  The  elections  were  attended  with 
great  outrage  and  tumult,  and  many  applications  made, 
relating  to  the  returns ;  but  as  Abraham  Goverrieiir, 
who  had  been  secretary  to  Leisler,  got  returned  for 
Orange  county,  and  was  very  active  in  the  house,^  all 
the  petitions  were  rejected  witliout  ceremony. 

Among  the  principal  acts,  passed  at  tlfis  session,  there 
was  one  for  indemnifying  those  who  wer§  excepted  out 
of  the  general  pardon  in  1691  ;  another  against  pirates  ; 
one  for  the  settlement  of  Milborne's  estate  ;  and  anoth- 
er to  raise  fifteen  iiundred  pounds,  as  a  present  to  his 
lordship,  and  five  hundred  pounds  for  the  lieutenant 
governour,  his  kinsman.  Besides  which,  the  revenue 
was  continued  for  six  years  longer.  A  necessary  law 
was  also  made  for  the  regulation  of  elections,  contain- 
ing the  substance  of  the  English  statutes  of  8  Hen.  VI, 
chap.  Vn.  and  the  7  and  8  Will.  HL 

*  Mr.  Governeur  raarried  Milborne's  widow. 


History  of  New-York. 


159 


This  assembly  took,  also,  into  consideration  sundry 
extravagant  grants  of  land,  which  colonel  Fletcher  had 
made  to  several  of  his  favourites.  Among  these,  two 
grants  to  Reliius,  the  Dutch  minister,  and  one  to  Ni- 
cholas Bayard,  were  the  most  considerable.  Dellius 
was  one  of  the  commissioners  for  Indian  affairs,  and 
had  fraudulently  obtained  the  Indian  deeds,  according 
to  which  the  patents  had  been  granted.  One  of  the 
grants  included  all  the  lands  within  twelve  miles  on  the 
east  side  of  Hudson's  river,  and  extended  twenty  miles 
in  length,  from  the  north  bounds  of  Saraghtoga.  The 
second  patent,  which  was  granted  to  him,  in  company 
with  Pinhorne,  Bancker,  and  others,  contained  all  the 
lands  within  tw'o  miles  on  each  side  of  the  Mohaw  ks 
river,  and  along  its  banks  to  the  extent  of  fifty  miles. 
Bayard's  granfew'as  also  for  lands  in  that  country,  and 
very  extravagant.  Lord  Bellamont,  wh^  justly  thought 
these  great  patents,  with  the  trifling  annual  reservation 
of  a  few  skins,  would  impede  the  settlement  of  tiie  coun- 
try, as  well  as  alienate  the  affections  of  our  Indian  al- 
lies, wisely  procured  recommendatory  instructions  from 
the  lords  justices,  for  vacating  those  patents,  which  was 
now  regular!  1^ accomplished  by  a  law,  and  Dellius  there- 
by suspended  from  his  ministerial  function. 

The  earl  having  thus  carried  all  his  points  at  Nevv'- 
•  ^  York,  set  out  for  Boston  in  June,  where,  after  he  had 
settled  his  salary,  and  apprehended  the  pirate  Kid,  he 
returned  here  again  in  the  fall. 

The  revenue  being  settled  for  six  years,  his  lordship 
had  no-?^ccasion  to  meet  the  assembly  till  the  summer  of 
the  year  1700,  and  then  indeed  little  else  was , done 
thaS  to  pass  a  few  laws.  One  for  hanging  every  popish 
priest,  that  came  voluntarily  into  the  province,  which 


160 


History  of  Neiv-Yorh 


was  occasioned  by  the  great  niiniber  of  French  jesiuts, 
who  were  continually  practising  upon  our  Indians.  By 
another,  provision  w  as  made -  for  erecting  a  fort  in  the 
country  of  the  Onondagas  ;  but  as  this  was  repealed  a  few 
months  after,  the  king's  providing  for  that  purpose,  so 
the  former  continues,  as  it  for  ever  ought,  in  full  force, 
to  this  day. 

The  earl  was  a  man  of  art  and  polite  manners,  and  be- 
ing a  mortal  enemy  to  the  French,  as  well  as  a  lover  of 
liberty,  he  would  doubtless  have  been  of  considerable 
service  to  the  colony  ;  but  he  died  here  on  the  5th  of 
IVIarch,  in  1701,  when  he  was  but  just  become  acquaint- 
ed with  the  colony. 

The  earl  of  Bellamonfs  death  was  the  source  of  new 
troubles,  for  Nanfan,  the  lieutenant  governour,  being- 
then  absent  in  Barbadoes,  high  disputes  arose  among 
the  counsellors,  concerning  the  exercise  of  the  powers  of 
government.  Abraham  de  Peyster,  Samuel  Staats,  Rob- 
ert Walters,  and  Thomas  Weaver,  who  sided  with  the 
party  that  adhered  to  Leisler,  insisted  that  the  govern- 
ment was  devolved  upon  the  council,  who  had  a  right 
to  act  by  a  majority  of  voices  ;  but  colonel  Smith  con- 
tended that  all  the  powers  of  the  late  governour  were 
devolved  upon  him,  as  president,  he  being  the  eldest 
member  of  that  board.  Colonel  Schuyler  and  Robert 
Livingston,  who  did  not  arrive  in  town  till  the  21st  of 
March,  joined  Mr.  Smith,  and  refused  to  appear  at  the 
council  board,  till  near  the  middle  of  April.  The  as- 
sembly, which  was  convened  on  the  2d  of  that  month, 
were  in  equal  perplexity,  for  they  adjourned  from  day 
to  day,  waiting  the  issue  of  this  rupture.  Both  parties 
continuing  inflexible,  those  members,  who  opposed  col- 
onel Smith,  sent  down  to  the  house  a  representation  of 


History  of  New-YorJt* 


161 


the  controversy,  assigning  a  number  of  reasons  for  the 
sitting  of  the  assembly,  which  the  house  took  into  their 
consideration,  and,  on  the  16th  of  April,  resolved  that 
the  execution  .)f  the  earFs  commission  and  instructions, 
in  *  the  absence  of  the  lieutenant  governour,  was  the 
right  of  the  council  by  majority  of  voices,  and  not  of  ' 
any  single  member  of  that  board  ;  and  this  was  after- 
wards the  opinion  of  the  lords  of  trade.  The  disputes, 
nevertheless,  continuing  in  the  council,  strenuously  sup- 
ported by  Mr.  Livingston,  the  house,  on  the  19th  of 
April,  thought  proper  to  adjourn  themselves  to  the  first 
Tuesday  in  June. 

In  this  ifi^terval,  on  the  19th  of  May,  John  Nanfan,  the 
lieutenant  governour,  arrived,  and  settled  the  contro* 
versy,  by  taking  upon  hiaiself  the  supreme  command. 

Upon  Mr.  Nanfan'^s  arrival,  we  had  the  agreeable 
news  that  the  kirjg  had  given  two  thousand  pounds 
sterling,  for  the  defence  of  Albany  and  Schenectady,  as 
well  as  five  hundred  pounds  more  for  erecting  a  fort  in 
the  country  of  the  Onondagas.  And  not  long  after,  an 
ordinance  was  issued,  agreeable  to  the  special  direction 
of  the  lords  of  trade,  for  erecting  a  court  of  chancery, 
to  sit  the  first  Thursday  in  every  month.  By  this  ordi- 
nance the  powers  of  the  chancellor  were  vested  in  the 
governour  and  council,  or  any  two  of  that  board  :  com- 
missions were  also  granted  appointing  masters,  clerks, 
and  a  register  :  so  that  this  court  was  completely  or- 
ganized on  the  2d  of  September,  170L 

Atwood,  who  was  then  chief  justice  of  the  supreme 
court,  was  now  sworn  of  the  council.  Abraham  de 
Peyster  and  Robert  Walters  were  his '  assistants  on  the 
bench  ;  and  the  former  was  also  made  deputy  auditor 
general,  under   Mr.  Blaithwait.    Sampson  Shelton 

21 


162 


History  of  Ncw-Yorh 


Broughton  was  the  attorney  general,  and  cam6  into 
that  office  when  Atwood  took  his  seat  on  the  bench,  be- 
fore itie  decease  of  lord  Bellamont.  Both  these  had 
their  commissions  from  England.  The  lieutenant  go- 
vernour,  and  the  major  part  of  the  board  of  council,  to- 
gether with  the  several  officers  above  named,  being 
strongly  in  the  interest  of  the  Leislerian  party,  it  was 
not  a  little  surprising  that  Mr.  Nanfan  dissolved  the 
late  assembly  on  the  1st  of  June  last. 

Great  were  the  struggles  at  the  ensuing  elections, 
which,  however,  generally  prevailed  in  favour  of  those, 
who  joined  Leisler  at  the  revolution  ;  and  hence,  when 
the  new  assembly  met,  on  the  19th  of  August,  1701,. 
Abraham  Governeur  was  elected  for  their  speaker. 
Dutchess  was  thought  heretofore  incapable  of  bearing 
the  charge  of  a  representation  ;  but  the*  people  of  that 
county,  now  animated  by  the  heat  of  the  times,  sent  Ja- 
cob Rutsen  and  Adrian  Garretsen  to  represent  them  io 
assembly. 

Mr.  Nanfan,  in  his  speech  to  the  house,  informs  them 
of  the  memorable  grant  made  to  the  crown,  on  the  19th 
of  July,  by  the  Five  Nations,  of  a  vast  tract  of  land^  to 
prevent  the  necessity  of  their  submitting  to  the  French 
in  case  of  a  war  ;  that  his  majesty  had  given  out  of  hi^ 
exchequer  two  thousand  five  hundred  pounds  sterling 
for  forts,  and  eight  hundred  pounds  to  be  laid  out  in 
presents  to  the  Indians  ;  and  that  he  had  also  settled  a 
salary  of  three  hundred  pounds  on  a  chief  justice,  and 
one  hundred  and  fifty  pounds  on  the  attorney  general, 
who  were  both  now  arrived  here. 

The  fire  of  contention,  which  had  lately  appeared  in 
the  tumultuous  elections,  blazed  out  afresh  in  the  house. 
Wicoil,  the  late  counsellor,  got  himself  elected  for  Suf- 


History  of  New-York. 


163 


folk,  and  was  in  hopes  of  being  seated  in  the  chair  : 
but  Abraham  Governeur  was  chosen  speaker.  Several 
members  contended  that  he,  being  an  alien,  was  un- 
qualified for  that  station.  To  this  it  was  answered, 
that  he  was  in  the  province  in  the  year  1683,  at  the 
lime  of  passing  an  act  to  naturalize  all  the  free  inhabi- 
tants, professing  the  Christian  religion  ;  and  that,  for 
this  reason,  the  same  objection  against  him  had  been 
overruled  at  the  last  assembly.  In  return  for  this  at- 
tack, Governeur  disputed  Nicoll's  right  of  sitting  as  a 
member  of  that  house  ;  and  succeeded  in  a  resolve  that 
he  and  Mr.  Wessels,  who  had  been  returned  for  Alba- 
ny, were  both  unqualified  according  to  the  late  act, 
they  being  neither  of  them  residents  in  the  respective 
counties  for  which  they  were  chosen.  This  occasioned 
an  imprudent  secession  of  seven  members,  who  had 
joined  the  interest  of  Mr.  Nicoll ;  which  gave  their  ad- 
versaries an  opportunity  to  expel  them,  and  introduce 
otliers  in  their  stead. 

Among  the  first  opposers  of  captain  Leisler,  none  was 
more  considerable  than  Mr.  Livingston.  The  measures 
of  the  convention  at  Albany  were  very  much  directed 
by  his  advice  ;  and  he  was  peculiarly  obnoxious  to  his 
adversaries,  because  he  was  a  man  of  sense  and  resolu- 
tion, two  qualifications  rarely  to  be  found  united  in  one 
person  at  that  day.  Mr.  Livingston's  intimacy  with 
the  late  earl,  had,  till  this  time,  been  his  defence 
against  the  rage  of  the  party  which  he  had  formerly  op- 
posed :  but  as  that  lord  was  now  dead,  and  Mr.  Living- 
ston's conduct  in  council,  in  favour  of  colonel  Smith, 
had  given  fresh  provocation  to  his  enemies,  they  were 
fully  bent  upon  his  destruction.  It  was  in  execution  of 
this  scheme^  that,  as  soon  as  the  disputed  elections  were 


J  64 


History  of  New-  York. 


over,  the  house  proceeded  to  examine  the  state  of  the 
publick  accounts,  v>  hich  they  partly  began  at  Ihe  late 
assembly. 

The  pretence  was  that  he  refused  to  account  for  the 
publick  monies,  he  had  formerly  received  out  of  the 
excise  ;  upon  which  a  comn:iittee  of  both  houses  ad- 
Tised  file  passing  a  bill  to  confiscate  his  estate,  unless  he 
agreed  to  account  by  a  certain  day.  But  instead  of 
this  an  act  was  afterwards  passed  to  oblige  him  to  ac- 
count for  a  sum  amounting  to  near  eighteen  thousand 
pounds.  While  this  matter  was  transacting,  a  new  com- 
plaint was  forged,  and  he  was  summoned  before  another 
committee  of  both  houses,  relating  to  his  procuring  the 
Five  Nations  to  signify  their  desire  that  he  should  be 
sent  home  to  solicit  their  affairs.  The  criminality  of 
this  charge  can  be  seen  only  through  the  partial  optics 
with  which  his  enemies  then  scanned  his  behaviour. 
Besides,  there  was  no  evidence  to  support  it,  and,  there- 
fore, the  committee  required  him  to  purge  himself  by 
his  own  oath.  Mr.  Livingston,  who  was  better  acquaint- 
ed with  English  law  and  liberty,  than  to  countenance 
practice  so  odious,  rejected  the  insolent  demand  with 
disdain  ;  upon  which  the  house,  by  advice  of  the  com- 
mittee, addressed  the  lieutenant  governour,  to  pray  his 
majesty  to  remove  him  from  his  office  of  secretary  of 
Indian  affairs,  and  that  the  governour,  in  the  mean 
time,  v/ould  suspend  him  from  the  exercise  of  his  com- 
mission.^ 

It  was  at  this  favourable  conjuncture  that  Jacob  Leis- 
ler's  petition  to  the  king,  and  his  majesty's  letter  to  the 

Mr.  Livingston's  reason  for  not  accounting  was  truly  unanswera- 
.ble ;  his  books  and  vouchers  were  taken  into  the  hands  of  governmeiit, 
and  detained  from  him. 


History  of  New-Yoi^k. 


165 


late  earl  of  Bellamonl,  were  laid  before  the  assembly. 
.  Leisler,  displeased  with  the  report  of  the  lords  of  trade, 
that  his  father  and  his  brother,  Milborne,  had  suffered  ac- 
cording to  law,  laid  his  case  before  the  parliament,  and 
obtained  an  act  to  reverse  the  attainder.  After  which, 
he  applied  to  the  king,  complaining  that  his  fatlier  had 
disbursed  about  four  thousand  pounds  in  purchasing 
arms,  and  forwarding  the  revolution  ;  in  consequence 
of  which  he  procured  the  following  letter  to  lord  Eella- 
mont,  dated  at  Whitehall,  the  6th  of  February, 
"  My  Lord, 

"  The  king  being  moved  upon  the  petition  of  Mr.  Jacob 
Leisler,  and  having  a  gracious  sense  of  his  feather's  ser- 
vices and  sufferings,  and  the  ill  circumstances  the  peti- 
tioner is  thereby  reduced  to,  his  majesty  is  pleased  to 
direct  that  the  same  be  transmitted  to  your  lordship, 
and  that  you  recommend  his  case  to  the  general  assem- 
bly of  New- York,  being  the  only  place  where  he  can 
be  relieved,  and  the  prayer  of  his  petition  complied 
with.    I  am, 

"  My  lord,  your  lordship's 

"  Most  obedient  humble  servant, 

"  .Jersey.'' 

As  soon  as  this  letter  and  the  petition  were  brought 
into  the  house,  a  thousand  pounds  were  ordered  to  be 
levied  for  the  benefit  of  Mr.  Leisler,  as  well  as  several 
sums  for  other  persons,  by  a  Mil  for  paying  the  debts  of 
the  government;  which,  nevertheless,  did  not  pass  into  a 
law  till  the  next  sessions.  Every  thing  that  was  done  at  this 
meeting  of  the  assembly,  which  continued  till  the  18th 
of  October,  was  under  the  influence  of  a  party  spirit ; 
and  nothing  can  be  a  fuller  evidence  of  it,  than  an  in- 
correctj  impertinent  address  to  his  majesty,  which  was 


History  of  New-York. 


drawn  up  by  the  house,  at  the  close  of  the  session,  and 
signed  by  fourteen  of  the  members.  It  contains  a  te- 
dious narrative  of  their  proceedings,  relating  to  the  dis- 
puted elections,  and  concludes  with  a  little  incense,  to 
regale  some  of  the  then  principal  agents  in  the  publick 
affairs,  in  these  words  : 

"  This  necessary  account  of  ourselves  and  our  un- 
happy divisions,  which  we  hope  the  moderation  of  our 
lieutenant  governour,  the  wisdom  and  prudence  of 
William  Atwood,  esq.  our  chief  justice,  and  Thomas 
Weaver,  esq.  your  majesty's  collector  and  receiver  ge- 
neral, might  have  healed,  we  lay  before  your  majesty, 
with  all  humility,  and  deep  sense  of  your  majesty's 
goodness  to  us,  lately  expressed  in  sending  over  so  ex- 
cellent a  person  to  be  our  chief  justice.'' 

The  news  of  the  king's  having  appointed  lord  Corn- 
bury  to  succeed  the  ,earl  of  Bellamont,  so  strongly  ani- 
mated the  hopes  of  the  Anti  Leislerian  party,  that  about 
the  commencement  of  the  year  1702,  Nicholas  Bayard 
promoted  several  addresses  to  the  king,  the  parliament, 
and  lord  Cornbury,  which  were  subscribed  at  a  tavern 
kept  by  one  Hutchins,  an  alderman  of  the  city  of  New- 
York.  In  that  to  his  majesty,  they  assure  him,  "that  the 
late  differences  were  not  grounded  on  a  regard  to  big 
interest,  but  the  corrupt  designs  of  those  who  laid  hold 
on  an  opportunity  to  enrich  themselves  by  the  spoils  of 
their  neighbours."  The  petition  to  the  parliament  says, 
that  Leisler  and  his  adherents  gained  the  fort  at  the  revo- 
lution without  any  opposition  ;  that  he  oppressed  and 
imprisoned  the  people  without  cause,  plundered  them  of 
their  goods,  and  compelled  them  to  flee  their  cpuntry, 
though  they  were  well  affected  to  the  prince  of  Orange. 
That  the  earl  of  Bellamont  appointed  indigent  sheriffs, 


History  of  New- York. 


167 


who  returned  such  members  to  ^the  assembly  as  were 
unduly  elected,  and  in  his  lordship's  esteem.  That  he 
suspended  many  from  the  board  of  council,  who  were 
faithful  servants  to  the  crown,  introducing  his  own  tools 
in  their  stead.  Nay,  they  denied  the  authority  of  the 
late  assembly,  and  added,  that  the  house  had  bribed 
both  the  lieutenant  governour  and  the  chief  justice  ;  the 
one  to  pass  their  bills,  and  the  other  to  defend  the  le- 
gality of  their  proceedings.  A  third  address  was  pre- 
pared, to  be  presented  to  lord  Cornbury,  to  congra- 
tulate his  arrival,  as  well  to  prepossess  him  in  their 
favour,  as  to  prejudice  him  against  the  opposite  party. 

Nothing  could  have  a  more  natural  tendency  to  ex- 
cite the  wrath  of  the  lieutenant  governour,  and  the  re- 
venge of  the  council  and  assembly,  than  the  reflections 
contained  in  those  several  addresses.  Nanfan  had  no 
tsooner  received  intelligence  of  them,  than  he  summon- 
ed Hutchins  to  deliver  them  up  to  him,  and,  upon  his 
refusal,  committed  him  to  jail  on  the  19th  of  January. 
The  next  day  Nicholas  Bayard,  Eip  Van  Dam,  Philip 
French,  and  Thomas  Wenham,  hot  with  party  zeal, 
sent  an  imprudent  address  to  the  lieutenant  governour, 
boldly  justifying  the  legality  of  the  address,  and  de- 
manding his  discharge  out  of  custody.  I  have  before 
taken  notice,  that  upon  Sloughter's  arrival  in  1691,  an 
act  was  passed  to  recognize  the  right  of  king  William 
and  queen  Mary  to  the  sovereignty  of  this  province. 
At  the  end  of  that  law  a  clause  was  added  in  these 
words,  "  That  whatsoever  person  or  persons  shall  by 
any  manner  of  ways,  or  upon  any  pretence  whatso- 
ever, endeavour,  by  force  of  arms,  or  otherwise,  to 
disturb  the  peace,  good,  and  quiet  of  their  majesties* 
government,  as  it  h  now  established,  shall  be  deemed 


168 


History  of  New-York. 


and  esteemed  as  rebelg  and  traitors  unto  their  majesties^ 
and  incur  the  pains,  penalties,  and  forfeitures,  as  the 
laws  of  England  have  for  such  offences  made  and  pro- 
vided." Under  the  pretext  of  this  law,  which  Bayard 
himself  had  been  personally  concerned  in  enacting,  Mr. 
JNanfan  issued  a  warrant  for  committing  him  to  jail  as 
a  traitor,  on  the  21  st  of  January  ;  and,  lest  the  mob 
should  interpose,  a  company  of  soldiers,  for  a  week  af- 
ter, constantly  guarded  the  prison. 

Through  the  uncertainty  of  the  time  of  lord  Cornbu- 
ry's  arrival,  Mr.  ISianfan  chose  to  bring  the  prisoner  to 
his  trial  as  soon  as  possible  ;  and  for  that  purpose  issu- 
ed a  commissioii  of  oyer  and  terminer,  on  the  12th  of 
February,  to  William  Atwood,  the  chief  justice,  and 
Abraham  de  Peyster  and  Robert  Walters,  who  were 
the  puisne  judges  of  the  supreme  court  r  J^nd,  not  long 
after,  Bayard  was  arraigned,  indicted,  tried  and  con- 
victed of  high  treason.  Several  reasons  were  afterwards 
offered  in  arrest  of  judgment ;  but  as  the  prisoner  was 
unfortunately  in  the  hands  of  an  enraged  party,  Atwood 
overruled  what  was  offered,  and  condemned  him  to 
death  on  the  16th  of  March.  As  the  process  of  his  trial 
has  been  long  since  printed  in  the  state  trials  at  large. 
Heave  the  reader  to  his  own  remarks  upon  the  conduct 
of  the  judges,  who  are  generally  accused  of  partiality- 

Bayard  applied  to  Mr.  Nanfan  for  a  reprieve,  till  his 
majesty's  pleasure  might  be  known  ;  and  obtained  it, 
not  without  great  difficulty,  nor  till  after  a  seeming 
confession  of  guilt  w  as  extorted.  Hutchins,  who  was 
also  convicted,  was  bailed  upon  the  payment  of  forty 
pieces  of  eight  to  the  sheriff :  but  Bayard,  who  refused 
to  procure  him  the  gift  of  a  farm,  of  about  fifteen  hun- 
dred pounds  value,  was  not  released  from  his  confine- 


History  of  New- York. 


trleht  till  after  the  arrival  of  lord  Cornbury,  who  not 
only  gave  his  consent  to  an  act  for  reversing  the  late  at- 
tainders, but  procured  the  queen's  confirmation  of  it, 
upon  their  giving  security,  according  to  the  advice  of 
sir  Edward  Northey,  not  to  bring  any  suits  against 
those  who  were  concerned  in  their  prosecution ;  which 
the  attorney  general  thought  proper,  as  the  act  ordain- 
ed all  the  proceedings  to  be  obliterated. 

After  these  trials,  iNanfan  erected  a  Court  of  exche- 
quer, and  again  convened  the  assembly,  who  thanked 
him  for  his  late  measures,  and  passed  an  act  to  outlaw 
Philip  French  and  Thomas  VVenham,  who  absconded 
upon  Bayard's  commitment  ;  another  to  augment  the 
number  of  representatives,  arid  several  others,  vi^hich 
were,  all  but  one,  afterwards  repealed  by  queen  Anne. 
During  this  session,  lord  Cornbury  being  daily  expect- 
ed, the  lieutenant  gov ernour  suspended  Mr.  Livingston 
from  his  seat  in  council,  and  thus  continued  to  abet 
Leisler's  party  to  the  end  of  his  administration. 

Lord  Cornbury's  arrival  quite  opened  a  new  scene. 
His  father,  the  earl  of  Clarendon,  adhered  to  the  cause 
of  the  late  abdicated  king,  and  always  refused  the  oaths 
both  to  king  William  and  queen  Anne.  But  the  son 
recommended  himself,  at  the  revolution,  by  appearing 
very  early  for  the  prince  of  Orange,  being  one  of  the 
first  officefs  that  deserted  king  .James'  army.  King 
William,  in  gratitude  for  his  services,  gave  him  a  com* 
mission  for  this  government^  which,  upon  the  death  of 
the  king,  was  renewed  by  queen  Anne,  who,  at  the 
same  time,  appointed  him  to  the  chief  command  of 
New-Jersey,  the  government  of  which  the  proprietors 
had  lately  surrendered  into  her  hands.  As  lord  Corn- 
bury  came,  to  this  province  in  very  indigent  circum* 
^tancesj  hiuited  out  of  England  by  aiiost  pf  huijgry  cxedi^- 

23 


J 70  History  of  Ncw-YorJc. 

tors,  he  was  bent  upon  getting  as  much  money  as  be 
could  squeeze  out  of  the  pvirses  of  an  impoverished 
people.  His  talents  were,  perhaps,  not  superior  to 
the  most  inconsiderable  of  his  predecessors ;  but  in  his 
zeal  for  the  church  he  was  surpassed  by  none.  With 
these  bright  qualifications  he  began  his  administration, 
on  the  3d  of  May^  1 702,  assisted  by  a  council  consist- 
ing of  the  following  members  : 

William  Atwood,     Thomas  Weaver, 
William  Smith,        Sampson  Shelton  BroughtoUy 
Peter  Schuyler,        TVolfgang  William  Romar, 
Ab^m  de  Peyster,     William  Lawrence, 
Samuel  Staats,         Gerard  us  Beekman, 
Robert  Walters,      Rip  Van  Dam. 
His  lordship,  without  the  least  disguise,  espousing  the 
Antf  Leislerian  faction,  Atwood,  the  chief  justice,  and 
Weaver,  who  acted  in  quality  of  solicitor  general, 
thought  proper  to  retire  from  his  frowns  to  Virginia, 
whence  they  sailed  to  England  :  the  former  concealing 
himself  under  the  name  of  Jones,  while  the  latter  call- 
ed himself  Jackson.    Colonel  Heathcote  and  doctor 
Bridges  succeeded  in  their  places  at  the  council  board* 

The  following  summer  was  remarkable  for  an  uncom- 
mon mortality,  which  prevailed  in  the  city  of  New- 
York,  and  makes  a  grand  epoch  among  our  inhabitants, 
distinguished  by  the  "  time  of  the  great  sickness."^  On 
this  occasion  lord  Cornbury  had  his  residence  and  court 
at  Jamaica,  a  pleasent  village  on  Long  Island,  distant 
about  twelve  miles  from  the  city. 


*  The  fever  killed  almost  every  patient  seized  with  it,  and  was 
brought  here  in  a  vessel  from  St.  Thomas,  in  the  West  Indies,  ao  island 
remarkable  for  contagious  diseases* 


History  of  New- York. 


171 


The  inhabitants  of  Jamaica  consisted,  at  that  time, 
partly  of  original  Dutch  planters,  but  mostly  of  New- 
England  emigrants,  encouraged  to  settle  there,  after 
the  surrender,  by  the  duke  of  York's  conditions  for 
plantations,  one  of  which  was  in  these  words  :  "  that  eve* 
ry  township  should  be  obliged  to  pay  their  own  minis- 
ters, according  to  such  agreements  as  they  should  make 
with  him ;  the  minister  being  elected  by  the  major  part 
of  the  householders  and  inhabitants  of  the  town."  These 
people  had  erected  an  edifice  for  the  worship  of  God, 
and  enjoyed  a  handsome  donation  of  a  parsonage  house 
and  glebe,  for  the  use  of  their  minister.  After  the  min- 
istry act  was  passed,  by  colonel  Fletcher,  in  1693,  a  few 
episcopalians  crept  into  the  town,  and  viewed  the  pres- 
byterian  church  with  a  jealous  eye.  The  town  vote,  in 
virtue  of  which  the  building  had  been  erected,  contain- 
ed no  clause  to  prevent  its  being  hereafter  engrossed 
by  any  other  sect.  The  episcopal  party,  who  knew 
this,  formed  a  design  of  seizing  the  edifice  for  them- 
selves, which  they  shortly  after  carried  into  execution^ 
by  entering  the  church  between  the  morning  and  eve- 
ning service,  w^hile  the  presbyterian  minister  and  his 
congregation  were  in  perfect  security,  unsuspicious  of 
the  zeal  of  their  adve  rsaries,  a  nd  a  fraudulent  ejectment^ 
on  a  day  consecrated  to  sacred  rest- 
Great  outrage  ensued  among  the  people,  for  the  con- 
tention being  pro  aris  et  focis,  was  animating  and  im- 
portant. The  original  proprietors  of  the  house  tore  up 
their  seats,  and  afterwards  got  the  key  and  possession 
of  the  church,  'which  were  shortly  after  again  taken 
from  them  by  force  and  violence.  In  these  controver- 
sies the  governour  abetted  the  episcopal  zealots,  and  har- 
rassed  the  others  by  numberless  prosecutions,  heavy 


172 


Hislory  of  New- York. 


fines,  and  long  imprisonments  ;  through  fear  of  which 
many,  who  had  been  active  in  the  dispute,  fled  out  of 
the  province.  Lord  Corn  bury 's  noble  descent  and  edu- 
cation should  have  prevented  him  from  taking  part  in 
so  ignominious  a  quarrel  ;  but  his  lordship's  sense  of 
honour  and  justice  was  as  weak  and  indelicate,  as  his 
bigotry  was  rampant  and  uncontroulable  :  and  hence 
we  find  him  guilty  of  an  act  complicated  of  a  number  of 
vices,  which  no  man  could  have  perpetrated  without 
violence  to  the  very  slightest  remains  of  generosity  and 
justice.    Vf  hen  his  excellency  retired  to  Jamaica,  one 
Hubbard,  the  presbyterian  minister,  lived  in  the  best 
liouse  in  the  town.    His  lordship  begged  the  loan  of  it 
for  the  use  of  his  own  family,  and  the  clergyman  put 
himself  to  no  small  inconvenience  to  favour  the  go- 
vernour's  request ;  but  in  return  for  the  generous  bene- 
faction,  his  lordship  perfidiously  delivered  the  parson- 
age house  into  the  hands  of  the  episcopal  party,  and  en- 
couraged one  Cardwel,  the  sheriff,  a  mean  fellow,  who 
afterwards  put  an  end  to  his  own  life,  to  seize  upon  the 
glebe,  which  he  surveyed  into  lots,  and  farmed  for  the 
benefit  of  the  episcopal  church.  These  tyrannical  mea- 
sures justly  inflamed  the  indignation  of  the  injured  suf- 
ferers, and  tliat  again  the  more  embittered  his  lordship 
against  them.    They  resented,  and  he  prosecuted  :  no^' 
did  he  confine  his  pious  rage  to  the  people  of  .Jamaica. 
He  detested  all  who  were  of  the  same  denomination  ; 
nay,  averse  to  every  sect  except  his  own,  he  insisted 
that  neither  the  ministers  nor  schoolmasters  of  the 
Dutch,  the  most  numerous  persuasion  in  the  province, 
had  a  right  to  preach  or  instruct  without  his  guberna- 
torial licence  ;  and  some  of  them  tamely  submitted  to 
))is  autiioritative  rule-    A  general  account  of  hi^  iord» 


History  of  New- York. 


173 


aliij/s  singular  zeal,  is  preserved  under  the  title  of  the 
T\'atcb  Tower,  in  a  number  of  papers  published  in  the 
New- York  Weekly  Mercury,  for  the  year  1755. 

While  his  excellency  was  exerting  his  bigotry,  dur- 
ing the  summer  season,  at  Jamaica  ;  the  elections  were 
carrying  on,  with  great  heat,  for  an  assembly,  which 
met  him,  at  that  village,  in  the  fall.    It  consisted  prin- 
cipally of  the  party  which  had  been  borne  down  by 
the  earl  of  Bellamont  and  his  kinsman  ;  and  hence  we 
find  Philip  French,  who  had  lately  been  outlawed,  was 
returned  a  representative  for  New-York,  and  William 
Nicoll  elected  into  the  speaker's  chair.    Several  ex- 
tracts from  my  lord's  speech  are  proper  to  be  laid  be- 
fore the  reader,  as  a  specimen  of  his  temper  and  designs. 
"  It  was  an  extreme  surprise  to  me  (says  his  lordship) 
to  find  this  province,  at  my  landing  at  New- York,  in 
such  a  convulsion  as  must  have  unavoidably  occasioned 
its  ruin,  if  it  had  been  suffered  to  go  on  a  little  longer. 
The  many  complaints  that  were  brought  to  me,  against 
4he  persons  I  found  here  in  power,  sufficiently  proved 
against  them  ;  and  the  miserable  accounts  I  had  of  the 
condition  of  our  fi^ontiers,  made  me  think  it  conven- 
ient to  delay  my  meeting  you  in  general  assembly,  till 
I  could  inform  myself,  in  some  measia^e,  of  the  condi* 
tion  of  this  province,  that  I  might  be  able  to  otFer  to 
your  consideration,  some  few^  of  those  things,  which  will 
be  necessary  to  be  done  forthwith,  for  the  defence  of 
the  country.'' 

He  then  recommends  their  fortifying  the  port  of  New- 
York,  and  the  frontiers:  adding  that  he  found  the  soldiers 
naked  and  unarmed  :  after  which,  he  proposes  a  militia 
bill,  the  erection  of  publick  schools,  and  an  examination 
of  the  provincial  debts  and  accounts  ;  and  not  only 
promises  to  make  a  faithful  application  of  the  monies  to 

•  ^1 


174 


History  of  New- York. 


be  raised,  but  that  he  would  render  them  an  account. 
The  whole  speech  is  sweetened  with  this  gracious  con- 
clusion :  "  now,  gentlemen,  I  have  no  more  to  trouble 
you  with,  but  to  assure  you,  in  the  name  of  the  great 
queen  of  England,  my  mistress,  that  you  may  safely  de- 
pend upon  all  the  protection  that  good  and  faithful  sub- 
jects can  desire  or  expect,  from  a  sovereign  whose  great- 
est delight  is  tlie  welfare  of  her  people,  under  whose 
auspicious  reign  we  are  sure  to  enjoy  what  no  nation  in 
the  world  dares  claim  but  the  subjects  of  England  ;  I 
mean,  the  free  enjoyment  of  the  best  religion  in  the 
world,  the  full  possession  of  all  lawful  liberty,  and  the 
undisturbed  enjoyment  of  our  freeholds  and  properties. 
These  are  some,  of  the  many,  benefits  which  I  take  the 
inliabitants  of  this  province  to  be  well  entitled  to  by  the 
laws  of  England  ;  and  I  am  glad  of  this  opportunity  to 
assure  you,  that  as  long  as  I  have  the  honour  to 
serve  the  queen  in  the  government  of  this  pn)vince, 
those  laws  shall  be  put  in  execution,  according  to 
the  intent  with  which  they  were  made  ;  that  is,  for 
the  preservation  and  protection  of  the  people,  and  not 
for  their  oppression.  I  heartily  rejoice  to  see  that 
the  free  choice  of  the  people  has  fallen  upon  gentlemen, 
whose  constant  fidelity  to  the  crown,  and  unwearied  ap- 
plication to  the  good  of  their  country,  is  so  universally 
known.'' 

The  house  echoed  back  an  address  of  high  compli- 
ment to  his  lordship,  declaring,  "  that  being  deeply  sen- 
sible of  the  misery  and  calamity  the  country  lay  under 
at  his  arrival,  they  were  not  sufficiently  able  to  express 
the  satisfaction  they  had,  both  in  their  relief  and  their 
deliverer.'' 


Hislory  of  Netv-YorL 


175 


Well  pleased  with  a  governoiir  who  headed  their  par- 
ty, the  assembly  granted  him  all  his  request ;  eighteen 
hundred  pounds  were  raised  for  tlie  support  of  one  hun- 
dred and  eighty  men,  to  defend  the  frontiers,  besides 
two  thousand  pounds  more,  as  a  present  towards  defray- 
ing the  expenses  of  his  voyage.  The  queen,  by  her  let- 
ter of  the  20th  of  April,  in  the  next  year,  forbid  any  such 
donations  for  the  future.  It  is  observable,  that  though 
the  county  of  Dutchess  had  no  representatives  at  this  as- 
sembly, yet  such  was  then  the  known  indigence  of  that 
now  populous  and  flourishing  county,  that  but  eighteeo 
pounds  were  apportioned  for  their  quota  of  these  le- 
vies. 

Besides  the  acts  above  mentioned,  the  house  brought 
up  a  militia  bill,  and  continued  the  revenue  to  the  1st 
of  May,  1709  ;  and  a  law  passed  to  establish  a  grammar 
shool,  according  to  his  lordship's  recommendation.  Be- 
sides the  great  harmony  that  subsisted  between  the  go- 
vernour  and  his  assembly,  there  was  nothing  remarkable 
excej)t  two  resolves  against  the  court  of  chancery  erect- 
ed by  Mr.  Nanfan,  occasioned  by  a  petition  of  several 
disappointed  suitors,  who  were  displeased  w  ith  a  decree* 
The  resolutions  were  in  these  words  :  "  that  the  setting 
up  a  court  of  equity  in  this  colony,  without  consent  of 
general  assembly,  is  an  innovation  without  any  former 
precedent,  inconvenient  and  contrary  to  the  English 
law.'"  And  again  :  "  that  the  court  of  chancery,  as  late- 
ly erected,  and  managed  here,  was  and  is  unwarranta- 
ble, a  great  oppression  to  the  subject,  of  pernicious  ex- 
ample and  consequence  ;  that  all  proceedings,  orders^ 
and  decrees  in  the  same,  are,  and  of  right  ought  to  be, 
declared  null  and  void  ;  and  that  a  bill  be  brought  in, 
according  to  these  two  resolutions,"  which  was  done  : 


176 


Hislorj/  of  New-  York. 


but  though  his  lordship  was  by  no  means  disinclined  to 
fix  contempt  on  Nanfan's  administration,  yet  as  tliis  bill 
would  diminish  his  own  power,  himself  being  the  chan- 
cellor, the  matter  was  never  moved  farther,  than  to  the 
order  for  the  engrossment  of  the  bill  upon  the  second 
reading. 

Though  a  war  was  proclaimed  by  England,  on  the  4tli 
of  May,  1702,  against  France  and  Spain,  yet  as  t^ie  Five 
Nations  had  entered  into  a  treaty  of  neutrality  with  the 
French  in  Canada,  this  province,  instead  of  being  bar- 
rassed  on  its  borders  by  the  enemy,  carried  on  a  trade 
very  advantageous  to  all  those  who  were  concerned  in 
it*  The  governour,  however,  continued  his  solicitation^^ 
for  money,  with  unremitted  importunity,  and  by  alarm- 
ing the  assembly,  which  met  in  April,  1703,  with  his 
expectation  of  an  attack  by  sea,  fifteen  himdred  pounds 
were  raised,  under  pretence  of  erecting  two  batteries 
at  the  Narrows ;  which  instead  of  being  employed  for 
that  use,  his  lordship,  notwithstanding  the  province  had 
expended  twenty  two  thousand  pounds  during  the  late 
peace,  was  pleased  to  appropriate  to  his  private  advan- 
tage. But  let  us  do  him  the  justice  to  confess,  that 
while  he  Avas  robbing  the  publitk,  he  at  the  same  time 
consented  to  several  other  lavvs  for  the  emolument  of 
the  clergy. 

Whether  it  was  owing  to  the  extraordinary  sagacity 
of  the  house,  or  their  presumption  that  his  lordship  was 
as  little  to  be  trusted  as  any  of  his  predecessors,  that,  af- 
ter voting  the  above  sum  for  the  batteries,  they  added, 
that  it  should  be  "  for  no  other  use  whatsoever,"  1 
leave  the  reader  to  determine.  It  is  certain  they  no\r 
began  to  see  the  danger  of  throwing  the  publick  money 
into  the  hands  of  a  receiver  general  appointed  by  the 


History  of  Nerv-YorTCk 


in 


crown,  from  whence  the  governv)ur,  by  his  warrantSji 
might  draw  it  at  his  pleasm^e.  To  this  cause  we  must 
assign  it,  that  in  an  address  to  his  lordship^  on  the  19th  ot 
June,  1703,  they  "  desire  and  insist,  that  some  proper 
and  sufficient  person  miglit  be  commissioned  treasur- 
er, for  the  receiving  and  paying  such  monies  now  intend- 
ed to  be  raised  for  the  publick  use,  as  a  means  to  ob- 
struct misapplications  for  the  future."  Another  address 
was  sent  home  to  the  queen^  complaining  of  the  ill  state  of 
the  revenue,  through  th^fipids  which  had  formerly  been 
committed,  the  better  to  facilitate  the  important  design 
of  having  a  treasurer  dependent  on  the  assembly.  The 
success  of  these  measures  will  appear  in  the  sequel 

Though  our  frontiers  enjoyed  the  profoundest  tran^ 
quility  all  the  next  winter,  and  we  had  expended  thir- 
teen hundred  pounds  in  supporting  one  hundred  fuzileers 
about  Albany,  besides  the  four  independent  companies 
in  the  pay  of  the  crown,  yet  his  excellency  demanded 
provisions  for  one  hundred  and  fifty  men,  at  the  next 
meeting  of  the  assembly,  in  April,  1704.  The  house 
having  reason  to  suspect  that  the  several  sums  of  eigh-* 
teen  and  thirteen  hundred  pounds,  lately  raised  for  the 
publick  service,  had  been  prodigally  expended  or  em^ 
bezzled,  prudently  declined  any  farther  aids,  till  they 
were  satisfied  that  no  misapplication  had  been  made* 
For  this  purpose  they  appointed  a  committee,  who  re-*^ 
ported  that  there  was  a  balance  of  near  a  thousand 
pounds  due  to  the  colony.  His  lordship,  who  had 
hitherto  been  treated  with  great  complaisance,  took  of- 
fence at  this  parsimonious  scrutiny,  and  ordered  the  as- 
sembly to  attend  him  ;  when,  after  the  example  of 
Fletcher,  whom,  abating  that  man's  superior  activity, 
his  lordship  mostly  resembled,  he  made  an  angry  speech^ 

2^3 


178 


History  oj  New-York. 


in  which  he  charges  them  with  innovations  never  at- 
tempted by  their  predecessors,  and  hopes  they  would 
not  force  him  to  exert  "  certain  powers"  vested  in  him 
by  the  queen.  But  what  he  more  particularly  took  no- 
tice of,  was  their  insisting  in  several  late  bills,  upon  the 
title  of  "  general  assembly,"  and  a  saving  of  the  -  'rights 
of  the  house,"  in  a  resolve  agreeing  to  an  amendment 
for  preventing  delay  ;  with  respect  to  wliich  his 
lordship  has  these  words  :  "  I  know  of  no  right  that 
you  have  as  an  assembly,  hat  such  as  the  queen  is 
pleased  to  allow  you."  As  to  the  vote,  by  which  they 
found  a  balance  due  to  the  colony,  of  nine  hundred 
and  thirteen  pounds,  fifteen  shillings,  "  it  is  true  (says 
his  lordship)  the  queen  is  pleased  to  command  me,  in 
her  instructions,  to  permit  the  assembly,  from  time  to 
time,  to  view  and  examine  the  accounts^  of  money,  or 
value  of  money,  disposed  by  virtue  of  the  laws  made  by 
them  ;  but  you  can  in  no  wise  meddle  with  that  mo-- 
ney  ;  but  if  you  find  any  misapplication  of  any  of  that 
money,  you  ought  to  acquaint  me  with  it,  that  I  may 
take  care  to  see  those  mistakes  rectified,  which  I  shall 
certaiiily  do." 

The  house  bore  these  rebukes  with  the  utmost  pas- 
siveness,  contenting  themselves  with  little  else  than  a 
general  complaint  of  the  deficiency  of  the  revenue, 
which  became  the  subject  of  their  particular  considera- 
tion in  the  fall.  The  governour,  on  the  one  hand,  then 
proposed  an  additional  duty  of  ten  per  cent,  on  certain 
goods,  not  immediately  imported  from  Europe,  to  which 
the  assembly,  on  the  other,  were  utterly  averse,  and  a^ 
soon  as  they  resolved  against  it,  the  very  printer,  clerk, 
and  doorkeeper,  were  denied  the  payment  of  tlieir  sala- 
ries. Several  other  demands  being  made  for  the  publick 


History  of  New-York. 


179 


debts,  the  house  resolved  to  address  his  lordship  for  an 
exact  account  of  the  revenue,  which,  together  with  their 
refusal  to  admit  the  council's  amendment  to  a  money 
bill,  gave  him  such  high  provocation,  that  he  was  in- 
duced to  dissolve  an  assembly,  whose  prodigal  liberali- 
ty had  justly  exposed  them  to  the  resentment  of  the 
people.  The  new  assembly,  which  met  on  the  14th  of 
June,  1 705,  neglected  the  affair  of  the  revenue  and  the  ad- 
ditional duty,  though  his  lordship  strongly  recommend- 
ed them  both.  Among  the  principal  acts  passed  at  this 
meeting,  is  that  for  the  benefit  of  the  clergy,  who  were 
entitled  to  the  salaries  formerly  established  by  colonel 
Fletcher  ;  which,  though  less  than  his  lordship  recom- 
mended, was  doubtless  a  grateful  offering  to  his  unceas- 
ing zeal  for  the  church,  manifested  in  a  part  of  his 
speech  at  the  opening  of  the  session,  in  these  words  : 
"  The  difficulties  which  some  very  worthy  ministers  of 
the  church  of  England  have  met  with,  in  getting  the 
maintenance  settled  upon  them,  by  an  act  of  the  general 
assembly  of  this  province,  passed  in  the  year  1693, 
moves  me  to  propose  to  you  the  passing  an  act  explanato- 
ry of  the  fore  mentioned  act,  that  those  worthy  good  men, 
who  have  ventured  to  come  so  far  for  the  service  of 
God  in  his  church,  and  the  good  and  edification  of  the 
people,  to  the  salvation  of  their  souls,  may  not,  for  the 
future,  be  vexed,  as  some  of  them  have  been;  but  may 
enjoy,  in  quiet,  that  maintenance,  which  was  by  law 
provided  for  them.^  I  farther  recommend  to  you  the 
passing  an  act  to  provide  for  the  maintenance  of  some 

*  The  majority  of  our  people  are  of  a  contrary  opinion,  if  my  lord 
lliQUght  the  establishment  ^ras  designed  only  for  the  episcopal  clergy. 


J  80 


History  of  New-York. 


ministers  in  some  of  the  towns  at  the  east  end  of  Long^ 
Island,  where  I  don't  find  any  provision  has  been  yet 
jnade  for  propagating  religion." 

Our  harbour  being  wholly  unfortified,  a  French  pri- 
Tateer  actually  entered  it  in  1705,  and  put  the  inhabi- 
tants in  great  consternation.  The  assembly,  at  their 
session  in  June,  the  next  year,  w^ere  not  disinclined, 
through  the  importunity  of  the  people,  to  put  the  city 
in  a  better  posture  of  defence  for  the  future  ;  but  be- 
ing fully  convinced,  by  his  lordship's  embezzlement 
of  1,500/.  formerly  raised  for  two  batteries  at  the  Nar- 
rows, and  near  1000/.  levied  for  the  protection  of  the 
frontiers,  that  he  was  no  more  to  be  trusted  with  pub- 
lick  monies,  offered  a  bill  for  raising  3000/.  for  fortifi- 
cations, appointing  that  sum  to  be  deposited  in  the 
hands  of  a  private  person  of  their  own  ncrmination  ;  but 
his  excellency  did  not  pass  it  till  their  next  meeting  in 
the  fall,  when  he  informed  them  that  he  had  received 
the  queen's  commands,  "  to  permit  the  general  assem- 
bly to  name  their  own  treasurer,  when  they  raised  ex^ 
traordinary  supplies  for  particular  uses,  and  which  are 
no  part  of  the  standing  and  constant  revenue  ;  the  trea- 
surer being  accountable  to  the  three  branches  of  the 
legislature,  and  the  governour  always  acquainted  with 
the  occasion  of  issuing  such  warrants." 

His  lordship's  renewing  the  proposal  of  raising  forti- 
fications at  the  Narrows,  which  he  had  himself  hitherto 
scandalously  prevented,  is  a  proof  of  his  excessive  ef- 
frontery and  contempt  of  the  people  ;  and  the  neglect 
of  the  house,  to  take  the  least  notice,  either  of  that 
matter,  or  the  revenue,  occasioned  another  dissolution. 

Before  I  proceed  to  the  transactions  of  the  new  as« 
Vembly^  which  did  not  meet  till  the  year  1708^  it  will 


History  of  New- York. 


m 


not  be  improper  to  lay  before  the  reader  the  account 
of  a  memorable  proof  of  that  persecuting  spirit  which 
influenced  lord  Cornbury's  whole  administration. 

The  inhabitants  of  the  city  of  New- York  consisted, 
at  this  time,  of  Dutch  Calvinists,  upon  the  plan  of  the 
church  of  Holland  ;  French  refugees,  on  the  Geneva 
model ;  a  few  English  episcopalians  ;  and  a  still  small- 
er number  of  English  and  Irish  presbyterians  ;  who, 
having  neither  a  minister  nor  a  church,  used  to  assem- 
ble themselves,  every  Sunday,  at  a  private  house,  for 
the  worship  of  God.  Such  were  their  circumstances, 
when  Francis  M'Kemie  and  .John  Hampton,  two  pres- 
byterian  ministers,  arrived  here  in  .January,  1707.  As 
soon  as  lord  Cornbury,  who  hated  tiie  whole  persua- 
sion, heard  that  the  Dutch  had  consented  to  M'Kemie's 
preaching  in  their  church,  he  arbitrarily  forbid  it  ;  so 
that  the  publick  worship,  on  the  next  sabbath,  was  per- 
formed, with  open  doors,  at  a  private  house.  Mr. 
Hampton  preached,  the  same  day,  at  the  presbyterian 
church,  in  Newtown,  distant  a  few  miles  from  the  city. 
At  that  village  both  these  ministers  were,  tv^o  or  three 
days  after,  apprehended,  by  Cardwel,  the  sheriff,  pur- 
suant to  his  lordship's  warrant,  for  preaching  without 
his  license.  From  hence  they  were  led  in  triumph  a 
circuit  of  several  miles  through  Jamaica  to  NevA^-York. 
They  appeared  before  his  lordship  with  an  undaimted 
courage,  and  had  a  conference  with  him,  in  which  it  is 
difficult  to  determine,  whether  my  lord  excelled  in  the 
character  of  a  savage  bigot,  or  an  ill  mannerly  tyrant. 
The  ministers  were  no  lawyers,  or  they  would  not  have 
founded  their  justification  on  the  supposed  extent  of 
the  English  act  of  toleration.  They  knew  not  that  the 
iBcdesiastical  statutes  had  no  relation  to  this  colony  ; 


182 


History  of  New-York. 


and  that  its  religious  state  consisted  in  a  perfect  parity 
between  protestants  of  all  denominations.  They  erro- 
neously supposed  that  all  the  penal  laws  extended  to 
this  province,  and  relied,  for  their  defence,  on  the  tole- 
ration, offering  testimonials  of  their  having  complied 
with  the  act  of  parliament  in  Virginia  and  Maryland, 
and  promised  to  certify  the  house,  in  which  iVrKemie 
had  preached,  the  next  sessions.  His  lordship's  dis- 
course with  them  was  the  more  ridiculous,  because  he 
had  Bickley,  the  attorney  general,  to  assist  him. 
Against  the  extension  of  the  statute  they  insisted  that 
the  penal  laws  were  limited  to  England,  and  so  also  the 
toleration  act,  because  the  sole  intent  of  it  was  to  take 
away  the  penalties  formerly  established.  But  grant  the 
position,  and  one  consequence  they  drew  from  it  ar- 
gues that  my  lord  and  Mr.  attorney  ^ere  either  very 
weak,  or  influenced  by  evil  designs.  If  the  penal  laws 
did  not  extend  to  the  plantations,  then  the  prisoners 
were  innocent ;  for  where  there  is  no  law,  there  can  be 
no  transgression  ;  but  according  to  these  incomparable 
sages,  if  the  penal  laws  and  the  toleration  vfere  restrict- 
ed to  the  realm  of  England,  as  they  contended,  then^ 
the  poor  clergymen,  for  preaching  without  his  license, 
were  guilty  of  a  heinous  crime,  against  his  private,  un- 
published instructions  ;  and  for  this  ^ause  he  issued  an 
informal  precept,  to  the  sheriff  of  New- York,  for  their 
commitment  to  jail,  till  further  orders.  They  continued 
in  confinement,  through  the  absence  of  Mompesson, 
the  chief  justice,  who  was  in  New-Jersey  six  weeks  and 
four  days  ;  but  were  then  brought  before  him  by  writ 
of  habeas  corpus.  Mompesson  being  a  man  of  learn- 
ing in  his  profession,  and  his  lordship  now  apprised  of 
the  illegality  of  his  first  warrant,  issued  another,  on  the 


Hislory  of  Nav-York. 


U3 


very  day  of  the  test  of  the  Avrit,  in  which  he  virtually 
contradicts  \^  hat  he  had  before  insisted  on,  at  his  con- 
ference with  the  prisoners.  For,  according  to  this,  they 
were  imprisoned  for  preaching  without  being  qualified 
as  the  toleration  act  required,  though  they  had  offered 
themselves  to  the  sessions  during  their  imprisonment. 
They  were  then  bailed  to  the  next  supreme  court, 
which  began  a  few  days  after.  Great  pains  were  taken 
to  secure  a  grand  jury  for  the  purpose,  and  among  those 
who  had  found  the  indictment,  to  their  shame  be  it  re- 
membered, w^ere  several  Dutch  and  French  protestants. 

Mr.  IVrKemie  returned  to  New- York,  from  Virgin- 
ia, in  June  ;  and  was  now  come  to  his  trial  on  the  in- 
dictment found  at  the  last  court.  As  to  Mr.  Hamp- 
ton, he  was  discharged,  no  evi(Jence  being  offered  to  the 
grand  jury  against  him. 

Bickley,  the  attorney  genera],  m.anaged  the  prosecu- 
tion in  the  name  of  the  r^ueen  ;  Reignere,  Nicoll  and 
Jamison,  appeared  for  the  defendant.  The  trial  was 
held  on  the  6th  of  June,  and  being  a  cause  of  great  ex- 
pectation, a  numerous  audience  attended.  Roger  Mom- 
pesson  sat  on  the  bench  as  chief  justice,  with  Robert 
Milward  and  Thomas  Wenham  for  his  assistants.  The 
indictment  was,  in  substance,  that  Francis  M'Kemie, 
pretending  himself  to  be  a  protestant  dissenting  minister, 
contemning  and  endeavouring  to  subvert  the  queen's 
ecclesiastical  supremacy,  unlawfully  preached  without 
the  governour's  license  first  obtained,  in  derogation  of 
the  royal  authority  and  prerogative  :  that  he  used  other 
rites  and  ceremonies,  than  those  contained  in  the  com- 
mon prayer  book.  And,  lastly,  that  being  unqual-^ 
ified  by  law  to  preach,  he  nevertheless  did  preach  at  an 
illegal  conventicle :  and  both  these  last  charges  were 


184 


History  of  New-York. 


laid  to  be  contrary  to  the  form  of  the  En2;lish  statutes* 
For  it  seems  that  Mr.  attorney  was  now  of  opinion  that 
the  penal  laws  did  extend  to  the  American  plantations, 
though  his  sentiments  were  the  very  reverse  at  the  first 
debate  before  his  excellency  :  but  Bickley  was  rather 
remarkable  for  a  voluble  tongue,  than  a  penetrating 
ad  or  much  learning.  To  support  this  prosecution,  he 
endeavoured  to  prove  the  queen's  ecclesiastical  suprem- 
acy in  the  colonies,  and  that  it  was  delegated  to  her  no- 
ble cousin,  the  governour ;  and  hence,  he  was  of  opinion, 
that  his  lordship's  instructions,  relating  to  church  mat- 
ters, had  the  force  of  a  law.  He,  in  the  next  place,  con- 
tended for  the  extension  of  the  statutes  of  unifoniiity, 
and,  upon  the  whole,  was  pleased  to  say,  that  he  did 
not  doubt  the  jury  would  find  a  verdict  for  the  queen. 
Eeignere,  for  the  defendant,  insisted,  that  preaching  was 
no  crime  by  the  common  law,  that  the  statutes  of  uni- 
formity, and  the  act  of  toleration,  did  not  extend  here, 
and  that  the  governour's  instructions  were  not  laws. 
INicoll  spoke  to  the  same  purpose,  and  so  did  David 
Jamison  ;  but  M'Kemie  concluded  the  whole  defence 
in  a  speech,  which  sets  his  capacity  in  a  very  advanta- 
geous light,  llie  reader  may  see  it  in  the  narrative  of 
this  trial,  which  was  first  published  at  the  time,  and 
since  reprinted,  at  New- York,  in  the  year  1755.  The 
chief  justice,  in  his  charge,  advised  a  special  verdict,  but 
the  jury  found  no  difficulty  to  acquit  the  defendant,  who, 
through  the  shameful  partiality  of  the  court,  was  not 
discharged  from  his  recognizance,  till  they  had  illegal- 
ly extorted  all  the  fees  of  his  prosecution,  w  hich,  togeth- 
er with  his  expenses,  amounted  to  eighty-three  pounds 
^even  shillings  and  six  pence. 


History  of  New-Yorh. 


185 


Lord  Coinbury  was  now  daily  losing  the  favour  of 
the  people.  The  friends  of  Leisler  had  him  in  the  ut- 
most abhorrence  from  the  beginning  ;  and  being  all  spies 
upon  his  conduct,  it  was  impossible  for  his  lordship  to 
commit  the  smallest  crime  unnoticed.  His  persecution 
of  the  presbyterians  very  early  increased  the  number 
of  his  enemies.  The  Dutch  too  were  fearful  of  his  re- 
ligious rage  against  them,  as  he  disputed  their  right  to 
call  and  settle  ministers,  or  even  schoolmasters,  without 
his  special  license.  His  excessive  avarice,  his  embezzle- 
ment of  the  publick  money,  and  his  sordid  refusal  to 
pay  his  private  debts,  bore  so  heavily  upon  his  reputa- 
tion, that  it  was  impossible  for  his  adherents,  either  to 
support  him,  or  themselves,  against  the  general  oppo- 
sition. Such  being  the  temper  of  the  people,  his  lord- 
ship did  not  succeed,  according  to  his  wishes,  in  the  new 
assembly,  which  met  on  the  i9th  of  August,  1708.  The 
members  were  all  against  him,  and  William  Nicoll  was 
again  chosen  speaker. 

Among  the  sevei^al  things  recommended  to  their  con- 
sideration, the  affair  of  the  revenue,  which  was  to  expire 
in  May  following,  and  the  propriety  of  making  presents 
to  the  Indians,  w  ere  the  chief.  The  house  were  not  in- 
sensible of  the  importance  of  the  Indian  interest,  and  of 
the  infinite  arts  of  the  French  to  seduce  them  from  our 
alliance  :  but  suspicious  that  his  lordship,  Avho  hereto- 
fore had  given  himself  little  concern  about  that  matter, 
was  seeking  a  fresh  opportunity  to  defraud  the  publick, 
they  desired  him  to  give  them  a  list  of  the  articles  of 
which  the  presents  were  to  consist,  together  with  an  es- 
timate of  the  charge,  before  they  would  provide  fot 
that  donation. 

With  respect  to  Ihe  revenue,  his  lordship  was  not  s^o 

24 


1 8ft  History  of  New- York. 


siiccessfii],  for  the  assembly  resolutely  refused  to  con- 
tijuie  it ;  though  they  consented  to  an  act  1o  discharge 
him  from  a  contract  of  250/.  and  upwards,  which  he  had 
made  with  one  Flanson,  for  the  publick  service.  Thomas 
Byerly  was,  at  that  time,  collector  and  receiver  gene- 
ral ;  and  by  pretending  that  the  treasury  was  exhausted, 
the  debts  of  the  government  were  unpaid.  This  gave 
rise  to  many  petitions  to  the  assembly  to  make  provi- 
sion for  their  discharge.  Colonel  Schuyler,  w  ho  had  ex- 
pended large  sums  on  the  publick  credit,  was  among 
the  principal  sufferers,  and  joined  with  several  others 
in  an  application  to  the  house,  that  Byerly  might  be 
compelled  to  account.  The  disputes,  relating  to  this 
matter,  took  up  a  considerable  part  of  the  session,  and 
were  litigated  with  great  heat.  Upon  the  whole,  an  act 
was  passed  to  refund  700/.  which  had  been  misapplied. 

The  resolutions  of  the  committee  of  grievances,  ap- 
proved by  the  house,  show  the  general  objections  of  the 
people  to  his  lordship's  administration.  These  w^ere 
made  at  the  beginning  of  the  session  ;  and  yet  w^e  find 
this  haughty  lord  subdued  by  the  opposition  against 
him,  and  so  dispirited  through  indigence,  and  the  inces- 
gant  solicitations  of  his  creditors,  that  he  not  only  omit- 
ted to  justify  himself,  but  to  show  even  an  impotent  re- 
sentment. For  after  all  the  censures  of  the  house,  he 
tamely  thanked  them  for  passing  the  bill  to  discharge 
him  from  a  small  debt,  which  they  could  not,  in  justice^ 
have  refused.    The  resolutions  were  in  these  words  : 

"  Resolved,  That  it  is  the  opinion  of  this  committee, 
tlmt  the  appointing  coroners  in  this  colony,  without 
their  being  chosen  by  the  people,  is  a  grievance,  and 
contrary  to  law.^' 

^  See  lo^d  Bacon's  works  fol.  edit.  2  vol.  152,  anr]  yet  the  coroners 
in  every  county  are  still  appoiuted  by  the  governour. 


History  of  New-  York. 


187 


Resolved,  That  it  is,  and  always  has  been,  the  un- 
questionable right  of  every  freeman  in  this  colony,  that 
he  hath  a  perfect  and  entire  property  in  his  goods  and 
estate. 

"  Resolved,  That  the  imposing  and  levying  of  any 
monies  upon  her  majesty's  subjects  of  this  colony,  un- 
der any  pretence  or  colour  whatsoever,  without  consent 
in  general  assembly,  is  a  grievance,  and  a  violation  of 
the  people's  property. 

"  Resolved,  That  for  any  officer  Avhatsoever,  to  ex- 
tort from  the  people  extravagant  and  unliimted  fees, 
or  any  money  whatsoever,  not  positively  established 
and  regulated  by  consent  in  general  assembly,  is  un- 
reasonable atid  unlawful,  a  great  grievance,  and  tend- 
ing 4  0  the  utter  destruction  of  all  property  in  this 
plantation. 

"  Resolved,  That  the  erecting  a  court  of  equity, 
without  consent  in  general  assembly,  is  contrary  to  law, 
without  precedent,  and  of  dangerous  consequence  to 
the  liberty  and  property  of  the  subjects. 

"  Resolved,  That  the  raising  of  money  for  the  go- 
vernment, or  other  necessary  charge,  by  any  tax,  im- 
post, or  burden  on  goods  imported,  or  exported,  or  any 
clog  or  hindrance,  on  traffic  or  cominerce — is  found  by 
experience  to  be  the  expulsion  of  many,  and  the  im- 
poverishing  of  the  rest  of  the  planters,  freeholders,  and 
inhabitants  of  this  colony  ;  of  most  pernicious  conse- 
quence, which,  if  continued,  will  imavoidably  prove 
the  ruin  of  the  colony. 

"  Resolved,  That  the  excessive  sums  of  money  screw- 
ed from  the  masters  of  vessels  trading  here  under  the 
notion  of  port  charges,  visiting  the  said  vessels  by  su^ 
pemumerary  officers^  and  taking  extraordinary  fees?,  i,s 


188 


History  of  New-York. 


the  great  discouragement  of  trade  and  strangers  com- 
ing among  us,  beyond  the  precedent  of  any  other  port, 
and  without  colour  of  law. 

Resolved,  That  the  compelling  any  man  upon  trial 
by  jury,  or  otherwise,  to  pay  any  fees  for  his  prose- 
cution, or  any  thing  whatsoever,  unless  the  fees  of  the 
officers  whom  he  employs  for  his  necessary  defence,  is 
a  great  grievance,  and  contrary  to  justice.''"^ 

Lord  Cornbury  was  no  less  obnoxious  to  the  people 
of  New- Jersey,  than  to  those  of  New-York.  The  as- 
sembly of  that  province,  impatient  of  his  tyi  anny,  drew 
up  a  complaint  against  him,  which  they  sent  home  to 
the  queen. 

Her  majesty  graciously  listened  to  the  cries  of  her 
injured  subjects,  divested  him  of  his  power,  and  ap- 
p^dnted  lord  Lovelace  in  his  stead  ;  deiclaring  that  she 
would  not  countenance  her  nearest  relations  in  oppress- 
ing her  people. 

As  soon  as  my  lord  was  superseded  his  creditors 
threw  him  into  the  custody  of  the  sheriff  of  New-York ; 
and  he  remained  here  till  the  death  of  his  father,  when, 
succeeding  to  the  earldom  of  Clarendon,  he  returned  to 
England. 

We  never  had  a  governour  so  universally  detested, 
nor  any  who  so  richly  deserved  the  publick  abhorrence. 
In  spite  of  his  noble  descent,  his  behaviour  was  trifling,^ 
mean  and  extravagant. 

It  was  not  uncommon  for  him  to  dress  himself  in  a  wo- 
man's habit,  and  then  to  patrole  the  fort  in  which  he  re- 
sided. Such  freaks  of  low  humour  exposed  him  to  the 
universal  contempt  of  the  people  ;  but  their  indigna- 

This  had  a  special  relation  to  the  late  prosecution  of  Mr.  M'Kenaie* 


History  of  New-  York. 


189 


tion  was  kindled  by  hie  despotick  rule,  savage  bigotry, 
insatiable  avarice,  and  injustice,  not  only  to  the  publick, 
but  even  his  private  creditors ;  for  he  left  some  of  the 
lowe&t  tradesmen  in  his  employment  unsatisfied  in  their 
just  demands. 

John  lord  Lovelace,  baron  of  Hurley,  was  appointed 
to  this  government,  in  the  spring,  1708,  but  did  not  ar- 
rive here  till  the  18th  of  December  following.  Lord 
Cornbury's  oppressive,  mean  administration  had  long 
made  the  people  very  desirous  of  a  change  ;  and  there- 
fore his  successor  was  received  with  universal  joy.  Hav- 
ing dissolved  the  general  assembly,  soon  after  his  acces- 
sion to  the  government,  he  convened  a  new  one  on  the 
5th  of  April,  1709,  which,  consisting  of  members  of  the 
same  interest  with  the  last,  re-elected  William  Nicoll, 
the  former  speaker,  into  the  chair.  His  lordship  told 
them,  at  the  beginning  of  the  session,  "  that  he  had 
brought  with  him  large  supplies  of  soldiers  and  stores 
of  war,  as  well  as  presents  for  the  Indians,"  than  which 
nothing  could  be  more  agreeable  to  the  people.  He 
lamented  the  greatness  of  the  provincial  debts,  and  the 
decay  of  publick  credit ;  but  still  recommended  their 
raising  a  revenue,  for  the  same  term  with  that  establish- 
ed by  the  act  in  the  11th  year  of  the  last  reign.  He  al- 
so pressed  the  discharge  of  the  debts  of  the  government, 
and  their  examination  of  the  publick  accounts,  "  that  it 
may  be  known  (says  he)  what  this  debt  is,  and  that  it 
may  appear  hereafter,  to  all  the  world,  that  it  was  not 
contracted  in  my  time."  This  oblique  reflection  upon 
his  predecessor,  who  was  now  ignominiously  imprison- 
ed by  his  creditors,  was  displeasing  to  no  body. 

Though  the  assembly,  in  their  answer,  heartily  con- 
gratulated his  lordship's  arrival,  and  thanked  the  queen 


190 


History  of  New-York, 


for  her  care  of  the  province,  yet  they  sufficiently  inti« 
mated  their  disinclination  to  raise  the  revenue  which 
the  governour  had  requested.  "  Our  earnest  wishes, 
(to  use  the  words  of  the  address)  are  that  suitable  mea- 
sures may  be  taken  to  encourage  the  few  inhabitants 
left  to  stay  in  it,  and  others  to  come.  The  just  free- 
dom enjoyed  by  our  neighbours,  by  the  tender  indul- 
gence of  the  government,  has  extremely  drained  and  ex- 
hausted us  both  of  people  and  stock  ;  w  hilst  a  different 
treatment,  the  wrong  methods  too  long  taken,  and  se- 
verities practised  here,  have  averted  and  deterred  the 
usual  part  of  mankind  from  settling  and  coming  hither- 
to." Tow^ards  the  close,  they  assure  him,  "  that  as  the 
beginning  of  his  governmenl  gave  them  a  delightful 
prospect  of  tranquility,  so  they  were  come  with  minds 
prepared  to  consult  the  good  of  the  country  and  his  sa- 
tisfaction." 

The  principal  matter  which  engaged  the  attention  of 
the  assembly,  was  the  affair  of  the  revenue.  Lord  Corn- 
bury's  conduct  had  rendered  them  utterly  averse  to  a 
permanent  support  for  the  future,  and  yet  they  w  ere  un- 
willing to  quarrel  with  the  new  governour.  They,  tiow- 
ever,  at  last  agreed,  on  the  5th  of  May,  to  raise  2,500/. 
to  defray  the  charges  of  the  government  to  the  1st  of 
May  ensuing,  1,600/.  of  w  hich  was  voted  to  his  excellen- 
cy, and  the  remaining  sums  towards  a  supply  of  fire- 
wood and  candles  to  the  several  forts  in  New-York,  Al- 
bany, and  Schenectady  ;  and  for  payment  of  small  sa- 
laries to  the  printer,  clerk  of  the  council,  and  Indian  in- 
terpreter. 

This  new  project  of  providing,  annually,  for  the  sup- 
port of  government,  w^as  contrived  to  prevent  the  mis- 
chiefe  to  which  the  long  revenues  had  formerly  exposed 


History  of  New-York. 


191 


lis.  But  as  it  rendered  the  governour,  and  all  the  other 
servants  of  the  crown  dependent  upon  the  assembly,  a 
rupture,  between  the  several  branches  of  the  legislature, 
would  doubtless  have  ensued  ;  but  the  very  day,  in 
which  the  vote  passed  the  house,  his  lordship  died  of  a 
disorder  contracted  in  crossing  the  ferry  at  his  first  ar-- 
rival  in  the  city  of  New-York-  His  lady  continued 
here,  long  after  his  death,  soliciting  for  the  sum  voted 
to  her  husband  ;  but  though  the  queen  interposed,  by 
a  letter,  in  her  behalf,  nothing  was  allowed  till  several 
years  afterwards. 


HIBTORY  OF  NEW-YOBK^ 


PAllT  lY. 

From  the  Canada  Expedition,  in  1709,  to  the  arrival 
of  Governour  Burnek 

Lord  Lovelace  being  dead,  the  chief  command  de- 
volved upon  Richard  Ingolsby,  the  lieutenant  gover- 
nour, the  same  who  had  exercised  the  government,  se- 
veral years  before,  upon  the  decease  of  colonel  Slough- 
ter.  His  short  administration  is  remarkable,  not  for 
his  extraordinary  talents,  for  he  was  a  heavy  man,  but 
for  a  second  fruitless  attempt  against  Canada.  Colonel 
Vetch,  who  had  been,  several  years  before,  at  Quebec, 
and  sounded  the  river  of  St.  Lawrence,  w^as  the  first  pro- 
jector of  this  enterprise.  The  ministry  approved  of  it, 
and  Fetch  arrived  in  Boston,  and  prevailed  upon  the 
Tsfew^-England  colonies  to  join  in  the  scheme.  After* 
that,  he  came  to  New-York  and  concerted  the  plan  of 
operations  with  Francis  Nicholson,  formerly  our  lieii- 
tenant  governour,  who,  at  the  request  of  Ingolsby,  the 
council,  the  assembly,  Gurdon  Saltonstal,  the  governour 
of  Connecticut,  and  Charles  Gookin,  lieiit.  governour 
of  Pennsylvania,  accepted  the  chief  command  of  the  pro- 
vincial forces,  intended  to  penetrate  into  Canada,  by  the 
way  of  lake  Champlain.  Impoverished  as  we  were,  the 
assembly  joined  heartily  in  the  enterprise.  It  was  at 
this  juncture  our  first  act,  for  issuing  bills  of  credit^  w  as 

25 


194 


History  of  JSeiv-  Yorlio 


passed  ;  an  expedient  without  which  we  could  not  ha^^e 
contributed  to  the  expedition,  the  treasury  being  thei> 
totally  exhausted.  Universal  joy  now  brightened  every 
man's  countenance,  because  all  expected  the  complete 
reduction  of  Canada  before  the  ensuing  fall.    Big  with 
the  pleasing  prospect  of  an  event  which  would  put  a 
period  to  all  the  ravages  of  an  encroaching,  merciless- 
enemy,  extend  the  British  empire,  and  augment  our 
trade,  we  exerted  ourselves  to  the  utmost,  for  the  success 
of  the  expedition.    As  soon  as  the  design  was  made 
inown  to  the  house,  twenty  ship  and  house  carpenters 
were  impressed  into  the  service  for  building  battoes. 
Commissioners  also  were  appointed  to  purchase  provi-- 
sions  and  other  necessaries,  and  empowered  to  break 
open  houses  for  that  purpose ;  and  to  impress  men,  ves- 
sels, horses,  and  waggons,  for  transporting  the  stores. 
Four  hundred  and  eighty-seven  men,  besides  the  inde- 
pendent companies,  were  raised  and  despatched  to  Alba- 
ny, by  the  27th  of  June  :  from  whence  tliey  advanced,^ 
with  the  main  body,  to  the  Wood  Creek.    Three  forts 
were  built  there,  besides  many  block  houses  and  stores 
for  the  provisions,  which  were  transported  with  great 
ilespatch.    The  province  of  New- York  (all  things  con- 
sidered) has  the  merit  of  having  contributed  more  than 
any  of  her  neighbours  towards  this  expedition.  Penn- 
sylvania gave  no  kind  of  aid,  and  New- Jersey  was  only 
at  the  expense  of  3000Z.    One  hundred  baltoes,  as  many 
birch  canoes,  and  two  of  the  forts,  were  built  entirely;, 
and  the  other  fort,  for  the  most  part,  at  the  charge  of 
this  government.    All  the  provisions  and  stores  for  the 
army  were  transported  at  our  expense ;  and  besides 
our  quota  of  volunteers  and  the  independent  companies, 
we  procured  and  maintained  six  hundred  Indians>  and 


History  of  New-YorL  395 

'^^ictualled  a  thousand  of  their  wives  and  children  at  Al- 
bany, during  the  campaign. 

Having  thus  put  ourselves  to  the  expense  of  above 
twenty  thousand  pounds  towards  this  enterprise,  the  de- 
lay of  the  arrival  of  the  fleet  spread  a  general  discon- 
tent througii  the  country  :  and  early  in  the  fall,  the  as- 
sembly addressed  the  lieutenant  governour  to  recall  our 
forces  from  the  camp.  Vetch  and  Nicholson  soon  after 
broke  up  the  campaign,  and  retired  to  New-Port,  in 
Rhode-Island,  where  there  was  a  congress  of  governours. 
Ingolsby,  who  was  invited  to  it,  did  not  appear,  in  com- 
pliance with  the  inclination  of  the  assembly,  who  incens- 
ed at  the  publick  disappointment,  harboured  great  jea- 
lousies  of  all  the  first  promoters  of  tiie  design.  As  soon, 
therefore,  as  lord  Sunderland's  letters,  which  arrived 
here  on  the  21st  of  October,  were  laid  before  the  house, 
they  resolved  to  send  an  address  to  the  queen,  to  lay 
before  her  a  true  account  of  the  manner  in  which  this 
province  exerted  itself  in  the  late  undertaking. 

Had  this  expedition  been  vigorously  carried  on, 
doubtless  it  would  have  succeeded.  The  publick  af- 
fairs at  home  were  conducted  by  a  wi.se  ministry.  The 
allied  army  triumphed  in  repeated  successes  in  Flan- 
ders ;  and  the  com  t  of  France  was  in  no  condition  to 
give  assistance  to  so  distant  a  colony  as  Canada.  The 
Indians  of  the  Five  Nations  were  engaged,  through  the 
indefatigable  solicitations  of  colonel  Schuyler,  to  join 
heartily  in  tiie  attempt  :  and  the  eastern  colonies  had 
nothing  to  fear  from  the  Ouwenagungas ;  because  those 
Indians  had,  a  little  before,  concluded  a  peace  with  the 
confederates.  In  America,  every  thing  was  ripe  for 
the  attack.  At  home,  lord  Sunderland,  the  secretary 
of  §tate,  had  proceeded  so  far  as  to  despatch  orders  to 


m 


History  of  NeWrYorh 


the  queen's  ships,  at  Boston,  to  hold  themselves  in  resr- 
diness,  and  the  British  troops  w  ere  upon  the  point  of 
their  embarkation.  At  this  juncture  the  news  arrived 
of  the  defeat  of  the  Portuguese,  which  reducing  our  al- 
lies to  great  streights,  the  forces  intended  for  the  Ame- 
rican adventure  were  then  ordered  to  their  assistance, 
and  the  thoughts  of  the  ministry  entirely  diverted  from 
the  Canada  expedition. 

As  we  had  not  a  man  in  this  province  who  had  more 
lextended  views  of  the  importance  of  driving  the  French 
out  of  Canada,  than  colonel  Schuyler,  so  neither  did 
any  person  more  heartily  engage  in  the  late  expedi- 
tion. To  preserve  the  friendship  of  the  Five  Nations, 
without  which  it  w  ould  be  impossible  to  prevent  our 
frontiers  from  becoming  a  field  of  blood,  he  studied  all 
the  arts  of  insinuating  himself  into  their  favour.  He 
gave  them  all  possible  encouragement  and  assistance, 
and  very  much  impaired  his  own  fortune  by  his  liberal- 
ity to  their  chiefs.  They  never  came  to  Albany,  but 
they  resorted  to  his  house,  and  even  dined  at  his  table  ; 
and  by  this  means  he  obtained  an  ascendency  over  them, 
^vhich  was  attended  with  very  good  consequences  to 
the  province  ;  for  he  could  always,  in  a  great  degree, 
obviate  or  eradicate  the  prejudices  and  jealousies,  by 
^'hich  the  French  jesuits  were  incessantly  labouring  to 
debauch  their  fidelity. 

Impressed  with  a  strong  sense  of  the  necessity  of 
some  vigorous  measures  against  the  French,  colonel 
Schuyler  was  extremely  discontented  at  the  late  disap- 
pointment ;  and  resolved  to  make  a  voyage  to  England 
at  his  private  expense,  the  better  to  inculcate  on  the 
rninistry  the  absolute  necessity  of  reducing  Canada  to 
the  crown  of  Great  Britain.    For  that  purpose  he  pro- 


Hislory  of  New-YorTc. 


197 


posed  to  carry  home  with  hhn  five  Indian  chiefs.  The 
house  no  sooner  heard  of  his  design,  than  they  came 
to  a  resolution,  which,  in  justice  to  his  distinguished 
merit,  I  ought  not  to  suppress.    It  was  this  : 

"  Resolved,  nemine  contradicenkj  That  the  humble 
address  of  the  lieutenant  governour,  council,  and  gene- 
ral assembly  of  this  colony,  to  the  queen,  representing 
the  present  state  of  this  plantation,  be  committed  to  his 
charge  and  care,  to  be  presented  by  himself  to  her  sa- 
cred majesty  ;  he  being  a  person,  who,  not  only  in  the 
last  war,  when  he  commanded  the  forces  of  this  colony 
in  chief  at  Canada,  but  also  in  the  present,  has  perform- 
ed faithful  services  to  this  and  the  neighbouring  colo- 
nies ;  and  behaved  himself  in  the  offices,  with  which  he 
has  been  entrusted,  with  good  reputation,  and  the  gene- 
ral satisfaction  of  the  people  in  these  parts." 

The  arrival  of  the  five  sachems  in  England  made  a 
great  bruit  through  the  whole  kingdom.  The  mob  fol- 
low^ed  wherever  they  w  ent,  and  small  cuts  of  them  were 
€old  among  the  people.  The  court  was  at  that  time  in 
mourning  for  the  death  of  the  prince  of  Denmark  : 
these  American  kings^  were  therefore  dressed  in  black 
underclothes,  after  the  English  manner  ;  but  instead 
of  a  blanket,  they  had  each  a  scarlet-in-grain  cloth 
mantle,  edged  with  gold,  thrown  over  all  their  other 
garments.  This  dress  w^as  directed  by  the  dressers  of 
the  playhouse,  and  given  by  the  queen,  who  was  advis- 
ed to  make  a  show  of  them.  A  more  than  ordinary 
solemnity  attended  the  audience  they  had  of  her  ma- 
jesty. Sir  Charles  Cotterel  conducted  them,  in  two 
coaches,  to  St.  James's  ;  and  the  lord  chamberlain  in- 

*  This  title  is  commonly  bestowed  on  the  sachems,  though  the  In- 
dians  have  no  such  dignity  or  office  among  thenr. 


198  Mislory  of  New-York. 

troduced  ihem  into  the  royal  presence.    Their  speech^ 
on  the  19th  of  April,  1710,  is  preserved  by  Oldaiixon, 
and  was  in  these  words  : 
"  Great  Q.ueen, 

We  have  undertaken  a  long  voyage,  which  none  of 
our  predecessors  could  be  prevailed  upon  to  undertake, 
to  see  our  great  queen,  and  relate  to  her  those  things 
which  we  thought  absolutely  necessary  for  the  good  of 
her,  and  us,  her  allies,  on  the  other  side  the  water. 

We  doubt  not  but  our  great  queen  has  been  ac- 
quainted with  our  long  and  tedious  war,  in  conjunction 
with  her  children,  against  her  enemies,  the  French  ; 
and  that  we  have  been  as  a  strong  wall  for  their  securi- 
ty, even  to  the  loss  of  our  best  men.    We  were  mighti- 
ly rejoiced  when  we  heard  our  great  queen  had  resolv- 
ed to  send  an  army  to  reduce  Canada  ;  and  immediate- 
ly, in  token  of  friendship,  we  hung  up  the  kettle,  and 
took  up  the  hatchet,  and,  with  one  consent,  assisted 
colonel  Nicholson  in  making  preparations  on  this  side 
the  lake  ;  but,  at  length,  we  were  told  our  great  queen, 
by  some  important  affairs,  was  prevented  in  her  design 
at  present,  which  made  us  sorrowful,  lest  the  French, 
who  had  hitlierto  dreaded  us,  should  now  think  us  un- 
^hle  to  make  war  against  them.    The  reduction  of 
Canada  is  of  great  weight  to  our  free  hunting  ;  so  that 
if  our  great  cjueen  should  not  be  mindful  of  us,  we 
must,  with  our  families,  forsake  our  country,  and  seek 
other  habitations,  or  stand  neuter,  either  of  which  will 
be  much  against  our  inclinations. 

"  In  token  of  the  sincerity  of  these  nations,  we  do,  in 
their  names,  present  our  great  queen  with  these  belts  of 
wampum,  and  in  hopes  of  our  great  queen's  favour, 
leave  it  to  her  most  gracious  consideration.'^ 


History  of  New-York.  199 

While  colonel  Schuyler  was  at  the  British  courts 
©aptairi  Ingolsby  was  displaced,  and  Gerardus  Beekman 
exercised  the  powers  of  government,  from  the  10th  of 
April,  1710,  till  the  arrival  of  brigadier  Hunter,  on  the 
14th  of  June  following.  The  council  then  present  were> 
Mr.  Beekman,  Mr.  Mompesson, 

Mr.  Van  Dani,  Mr.  Barbarie, 

Colonel  Renslaer,  Mr.  Philipse. 
Hunter  was  a  native  of  Scotland,  and,  when  a  boy^ 
put  apprentice  to  an  apothecary.  He  left  his  master^ 
and  went  into  the  army  ;  and  being  a  man  of  wit  and 
personal  beauty,  recommended  himself  to  lady  Hay^ 
whom  he  afterwards  married.  In  the  year  1707,  he  was 
appointed  lieutenant  governour  of  Virginia,  but  being 
taken  by  the  French,  in  his  voyage  to  that  colony,  he 
was  Carried  into  France,  and  upon  his  return  to  Eng- 
land, appointed  to  succeed  lord  Lovelace  in  the  govern- 
ment of  this  and  the  province  of  New- Jersey.  Dean 
Swift's  letter  to  him,  during  his  captivity,  shows  that  he 
had  the  honour  of  an  intimacy  with  Mr.  Addison  and 
others,  who  were  distinguished  for  their  good  sense  and 
learning  ;  and  perhaps  it  was  by  their  interest  he  was 
advanced  to  this  profitable  place. 

Governour  Hunter  brought  over  with  him  near  three 
thousand  Palatines,  who,  the  year  before,  fled  to  Eng- 
land  from  the  rage  of  persecution  in  Germany*  Many 
of  these  people  seated  themselves  in  the  city  of  New- 
York,  where  they  built  a  Lutheran  church,  which  is 
now  in  a  declining  condition.  Others  settled  on  a  tract 
of  several  thousand  acres,  in  the  manor  of  Livingston. 
Their  village  there,  called  the  Camp,  is  one  of  the  plea- 
Bantest  situations  on  Hudson's  river :  right  opposite,  on 
the  west  bank,  are  many  other  families  of  them,  Home 


200  History  of  New- York. 


went  into  Pennsylvania,  and  by  the  favourable  accounts, 
of  the  country,  which  they  transmitted  to  Germany, 
were  instrumental  to  the  transmigration  of  many  thou- 
sands  of  their  countrymen  into  that  province,  Queen 
Anne's  liberality  to  these  people,  was  not  more  benefi- 
cial to  them,  than  serviceable  to  this  colony.  They 
have  behaved  themselves  peaceably,  and  lived  with 
great  industry.  Many  are  rich,  all  are  protestants,  and 
well  affected  to  the  government.  The  same  must  be 
said  of  those  who  have  lately  settled  amongst  us,  and 
planted  the  lands  westward  of  Albany.  We  have  not 
the  least  ground  for  jealousy  with  respect  to  them. 
Amongst  us  they  are  few  in  number,  compared  to  those 
in  Pennsylvania.  There  they  are  too  numerous  to  be 
soon  assimilated  to  a  new  constitution.  They  retain  all 
the  manners  and  principles  which  prevail  in  their  native 
country,  and  as  many  of  them  are  papists,  some  are  not 
without  their  fears,  that  sooner  or  later,  they  will  be- 
come dangerous  to  our  colonies.^ 

The  late  attempt  to  attack  Canada  proving  abortive, 
exposed  us  to  consequences  equally  calamitous,  dread- 
ed and  foreseen.  While  the  preparations  were  mak- 
ing to  invade  it,  the  French  exerted  themselves  in  ca- 
joling their  Indian  allies  to  assist  in  the  repulse ;  and  as 

*  The  surprising  importation  of  Germans  into  that  colony,  gave  rise 
to  the  scheme  of  dispersing  English  clergymen  and  schoolmasters 
among  them.  The  project  is  founded  on  principles  of  sound  policy. 
If  a  political  mission  among  the  Indians  had  been  seasonably  encour- 
aged, the  province  of  Pennsylvania  might  have  escaped  all  that  shock- 
ing devastation,  which  ensued  the  fatal  defeat  of  general  Braddock's 
army,  on  the  9th  of  July,  1755  ;  and  would,  perhaps,  have  prevented 
even  the  erection  of  fort  (^uesae^  which  has  already  cost  the  nation  so 
TRUch  blood  and  treasure^ 


tiistory  of  Nerv-YorHc. 


201 


soon  as  the  scheme  dropped,  numerous  parties  were  sent 
out  to  harrass  the  English  frontiers.  These  irruptions 
were,  principally,  made  on  the  northern  parts  of  INew- 
England,  where  the  most  savage  cruelties  were  daily 
committed.  New- York  had,  indeed^  hitherto  escaped, 
being  covered  by  the  Indians  of  the  Five  Nations  ; 
but  the  danger  we  were  in,  induced  governour  Hunter> 
soon  after  his  arrival,  to  make  a  voyage  to  Albany, 
where  he  met  the  confederate  chiefs^  and  renewed  the 
old  covenant.  While  there,  he  was  strongly  solicited, 
by  the  New-England  governments,  to  engage  our  In- 
dians in  a  war  with  those  who  were  daily  ravaging  their 
borders  ;  but  he  prudently  declined  a  measure,  which 
might  have  exposed  his  own  province  to  a  general  de- 
vastation. A  treaty  of  neutrality  subsisted^  at  that 
time,  between  the  confederates  and  the  Canada  French 
and  their  Indians  ;  which,  depending  upon  the  faith  of 
lawless  savages,  was,  at  best,  but  precarious^  and  yet 
the  only  security  we  had  for  the  peace  of  our  borders. 
A  rupture  between  them  would  have  involved  us  in  a 
scene  of  misery,  at  a  time,  of  all  others,  most  unseason- 
able. However  the  people  of  New-England  might  cen- 
sure the  governour,  it  was  a  proof  of  his  wisdom  to  re- 
fuse their  request.  For  besides  a  want  of  men  and  arms 
to  defend  us,  our  forts  were  fallen  down,  and  the  trea- 
sury exhausted. 

The  nevv^  assembly  met,  at  New-York>  on  the  1st  of 
September*  Mr*  Nicoll,  the  speaker,  Mr.  Livingston, 
Mr.  De  Lancey,  and  colonel  Morris,  were  the  members 
most  distinguished  for  their  activity  in  the  house.  Mf. 
Be  Lancey  was  a  prot  est  ant  refugee,  a  native  of  Caen, 
in  Normandy  ;  and  by  marrying  a  daughter  of  Mr. 
Courtlandt,  connected  with  a  family,  then,  perhaps,  ilm 

26 


202 


History  of  New- York. 


most  opulent  and  extensive  of  any  in  the  province.  He 
was  an  eminent  merchant,  and,  by  a  successful  trade, 
had  amassed  a  very  considerable  fortune.  But  of  all 
these,  colonel  Morris  had  the  greatest  influence  on  our 
publick  alfairs.  He  was  a  man  of  letters,  and,  though  a 
little  whimsical  in  his  temper,  was  grave  in  his  manners 
and  of  penetrating  parts.  Being  excessively  fond  of  the  so- 
ciety of  men  of  sense  and  reading,  he  was  never  wearied 
at  a  sitting,  till  the  spirits  of  the  whole  company  were 
dissipated.  From  his  infancy,  he  had  lived  In  a  manner 
best  adapted  to  teach  him  the  nature  of  man,  and  to  for- 
tify his  mind  for  the  vicissitudes  of  life.  He  very  early 
lost  both  his  father  and  mother,  and  fell  under  the  pa- 
tronage of  his  uncle,  formerly  an  officer,  of  very  con- 
siderable rank,  in  CromwelFs  army  ;  who,  after  the  re- 
storation, disguised  himself  under  the  profession  of  qua- 
kerism,  and  settled  on  a  fine  farm,  within  a  few  miles  of 
the  city,  called,  after  his  own  name,  Morrisania.  Be- 
ing a  boy  of  strong  passions,  the  general  indications  of 
a  fruitful  genius,  he  gave  frequent  offence  to  his  uncle> 
and,  on  one  of  these  occasions,  through  fear  of  his  re- 
sentment, strolled  away  into  Virginia,  and  thence  to 
Jamaica,  in  the  West-Indies,^  where,  to  support  himself, 
he  set  up  for  a  scrivener.  After  several  years  spent  in 
this  vagabond  life,  he  returned  again  to  his  uncle,  who 
received  the  young  prodigal  with  joy  ;  and,  to  reduce 
him  to  regularity,  brought  about  his  marriage  with  a 

*  Hu^h  Coppathwait,  a  quaker  zealot,  was  his  preceptor:  the  pupil 
taking  advantage  of  his  enthusiasm,  hid  himself  in  a  tree,  and  caliiog 
to  nim,  ordered  him  to  preach  the  gospel  among  the  Mohawks.  The 
credulous  quaker  took  it  for  a  miraculous  call,  and  was  upon  the  point 
of  settijag  out  when  the  cheat  was  discovered* 


History  of  New-YorTc.  203 

daughter  of  Mr.  Graham,  a  fine  lady,  with  whom  he  liv- 
od  above  fifty  years,  in  the  possession  of  every  enjoy- 
ment, which  good  sense  and  polite  manners  in  a  woman 
could  afford.  The  greatest  part  of  his  life,  before  the 
arrival  of  Mr,  Hunter,  was  spent  in  New- Jersey,^'  where 
he  signalized  himself  in  the  service  both  of  the  propri- 
etors and  the  assembly.  The  latter  employed  him  to 
draw  up  their  complaint  against  my  lord  Cornbury,  and 
he  was  made  the  bearer  of  it  to  the  queen.  Though  he 
was  indolent  in  the  management  of  his  private  affairs, 
yet,  through  the  love  of  power,  he  was  always  busy  in 
matters  of  a  political  nature,  and  no  man  in  the  colony 
equalled  him  in  the  knowledge  of  the  law  and  the  arts 
of  intrigue.  From  this  character,  the  reader  will  easily 
perceive  that  governour  Hunter  shewed  his  prudence, 
in  taking  Mr.  Morris  into  his  confidence,  his  talents  and 
advantages  rendering  him  either  a  useful  friend  or  for- 
midable foe.  Such  were  the  acting  members  of  this  as- 
sembly. When  brigadier  Hunter  spoke  to  them,  he 
recommended  the  settling  a  revenue,  the  defence  of  the 
frontiers,  and  the  restoration  of  the  publick  credit,  which 
lord  Cornbury  had  almost  entirely  destroyed.  To  sti- 
fle the  remaining  sparks  of  our  ancient  feuds,  he  con- 
cluded with  these  words  :  "  if  any  go  about  to  disturb 
your  peace,  by  reviving  buried  parties  or  piques,  or 
creating  new  ones,  they  shall  meet  with  no  countenance 
or  encouragement  from  me  ;  and  I  am  siu^e  they  deserve 


*  He  was  one  of  the  council  in  that  province,  and  a  judge  of  the 
supreme  court  there,  in  1 692.  Upon  the  surrender  of  the  government 
to  queen  Anne,  in  1702,  he  vi^as  named  to  be  governour  of  the  colony  ; 
but  the  appointment  was  changed  in  favour  of  lord  Cornbury,  the 
queen's  cousin. 


,204  History  of  Nerv-YorJc. 

as  little  from  you."  The  address  of  the  house  was  per* 
fectly  agreeable  to  the  governour.  They  promised  to 
provide  for  the  support  of  government,  and  to  restore 
the  publick  credit,  as  well  as  to  protect  the  frontiers. 
In  answer  to  the  close  of  his  speech,  they  declare  their 
hope,  "  that  such  as  excited  party  contentions  might 
meet  with  as  little  credit,  and  as  much  disgrace,  asth  y 
deserve."  This  nnanimity,  however,  was  soon  interrupt- 
ed. Colonel  Morris,  for  some  warm  words  dropped  in 
a  debate,  was  expelled  the  house ;  and  soon  after  a  dis^ 
pute  arose,  between  the  council  and  assembly,  concern- 
ing some  amendments,  made  by  the  former,  to  a  bill 
for  the  treasurer's  paying  sundry  sums  of  money."  Tlie 
design  of  it,  in  mentioning  the  particular  sums,  and  ren- 
dering them  issuable  by  their  own  oflficer,  was  to  re- 
strain the  governour  from  repeating  the  misapplications 
which  had  been  so  frequent  in  a  late  administration. 
The  council,  for  that  reason,  opposed  it,  and  adhered 
to  their  amendments  ;  which  occasioned  a  prorogation, 
on  the  25th  of  November^  after  the  passing  of  several 
other  necessary  laws. 

Mr.  Hunter  cautiously  avoided  entering,  publickly, 
into  the  dispute  between  the  two  houses,  till  he  knew 
the  sentiments  of  the  ministry,  and  then  he  opened  the 
spring  sessions  with  a  speech  too  singular  not  to  be  in- 
serted. 

"  Gentlemen, 

^'  I  hope  yon  are  now  come  with  a  disposition  to  an- 
swer the  ends  of  your  meeting,  that  is,  to  provide  a 
suitable  support  for  her  majesty's  government  here,  in 
the  manner  she  has  been  pleased  to  direct ;  to  find  out 
yneans  to  restore  the  publick  credit,  and  to  provide  bet*^ 
ter  for  your  own  security. 


History  of  New- York. 


205 


They  abuse  you,  who  tell  you,  that  you  are  hardly 
dealt  by  in  the  augmentation  of  salaries.  Her  majesty's 
instructions,  which  I  communicated  to  you,  at  our  last 
meeting,  might  have  convinced  you,  that  it  was  her  ten- 
derness towards  her  subjects  in  the  plantations,  who  suf- 
fered under  an  established  custom  of  making  considera- 
ble presents  to  their  governours,  by  acts  of  assembly, 
that  induced  her  to  allot  to  each  of  them  such  a  salarv 
as  she  judged  sufficient  for  their  support,  in  their  re- 
spective stations,  with  a  strict  prohibition  of  all  such 
presents  for  the  future  ;  which  instruction  has  met  with 
a  cheerful  and  grateful  compliance  in  all  the  other  co- 
lonies. 

"  If  you  have  been  in  any  thing  distinguished,  it  is 
by  an  extraordinary  measure  of  her  royal  bounty  and 
care.  I  hope  you  will  make  suitable  returns,  lest  some 
insinuations,  much  repeated  of  late  years,  should  gain 
credit  at  last,  that  however  your  resentment  has  fallen 
upon  the  governour,  it  is  the  government  you  dislike. 

"  It  is  necessary,  at  this  time,  that  you  be  told  also, 
that  giving  money  for  the  support  of  government,  and 
disposing  of  it  at  your  pleasure,  is  the  same  with  giv- 
ing none  at  all.  Her  majesty  is  the  sole  judge  of  the 
merits  of  her  servants.  This  right  has  never  yet  been 
disputed  at  home,  and  should  I  consent  to  give  it  up 
abroad,  I  should  render  myself  unworthy,  not  only  of 
the  trust  reposed  in  me,  but  of  the  society  of  my  fellow 
subjects^  by  incurring  her  highest  displeasure.  Ifl  have 
tired  you,  by  a  long  speech,  I  shall  make  amends  by 
putting  you  to  the  trouble  of  a  very  short  answer. 

"  Will  you  support  her  majesty's  government,  in  the 
li[]anner  she  has  been  pleased  to  direct,  or  are  you  re- 


206  History  oj  New-York.  ^ 

solved  that  burden  shall  lie  still  upon  the  governour, 
who  cannot  accuse  himself  of  any  thing  that  may  have 
deserved  this  treatment  at  your  hands  ? 

"  Will  you  take  care  of  the  debts  of  the  government ; 
or,  to  increase  my  sufferings,  must  I  continue  under  the 
torture  of  the  daily  cries  of  such  as  have  just  demands 
upon  you,  and  are  in  misery,  without  the  power  of  giv- 
ing them  any  hopes  of  relief  ? 

"  Will  you  take  more  effectual  care  of  your  own 
safety,  in  that  of  your  frontiers  ;  or  are  you  resolved 
for  the  future  to  rely  upon  the  security  of  an  open  win- 
ter, and  the  caprice  of  your  savage  neighbours  ?  I  shall 
be  very  sorry  if  this  plainness  offends  you.  I  judge  it 
necessary  towards  the  establishing  and  cultivating  a  good 
understanding  betwixt  us.  I  hope  it  will  be  so  con- 
strued, and  wish  heartily  it  may  have  that  effect.'' 

Perplexed  with  this  remarkable  speech,  the  assembly, 
after  a  few  days,  concluded,  that  as  his  excellency  had 
prorogued  them  in  February,  while  he  was  at  Burling- 
ton, in  the  province  of  New- Jersey,  they  could  not  sit 
and  act  as  a  house  ;  upon  which  they  were  the  same 
day  dissolved. 

The  five  Indian  kings  carried  to  England  by  colonel 
Schuyler,  having  seen  all  the  curiosities  in  London,  and 
been  much  entertained  by  many  persons  of  distinction, 
returned  to  Boston,  with  commodore  Martin  and  colo- 
nel Nicholson  ;  the  latter  of  whom  commanded  the 
forces  designed  against  Port-Royal  and  the  coast  of 
Nova-Scotia.  In  this  enterprise  the  Ne  w-England  colo- 
nies, agreeable  to  their  wonted  courage  and  loyalty, 
lent  their  assistance  ;  and  the  reduction  of  the  garrison, 
which  was  then  called  Annapolis-Royal,  was  happily 
completed  on  the  2d  of  October,  1710.  Animated  by 
this,  and  some  other  successes     Newfoundland,  Ni- 


History  of  New-York.  20t 


cbolson  again  urged  the  prosecution  of  the  scheme  for 
the  reduction  of  Canada  ;  which,  having  been  strongly 
recommended  by  the  Indian  chiefs,  as  the  only  effectu- 
al means  to  secure  the  northern  colonies,  was  now  again 
resumed. 

Towards  the  execution  of  this  project,  five  thousand 
troops,  from  England  and  Flanders,  were  sent  over  un- 
der the  command  of  brigadier  Hill,  the  brother  of  Mrs- 
Masham,  the  queen's  new^  confidant,  on  the  disgrace  of 
the  duchess  of  Marlborough.  The  fleet  of  transports, 
under  the  convoy  of  sir  Hoveden  Walker,  arrived,  af- 
ter a  month's  passage,  at  Boston,  on  the  4th  of  June, 
1711.  The  provisions,  with  w^hich  they  expected  to  be 
supplied  there,  being  not  provided,  the  troops  landed. 
Nicholson,  who  was  to  command  the  land  forces,  came 
immediately  to  New- York,  where  Mr.  Hunter  conven- 
ed the  assembly,  on  the  2d  of  July.  The  re-election  of 
the  same  members  who  had  served  in  the  last,  was  a 
sufficient  proof  of  the  general  aversion  to  the  establish- 
ment of  a  revenue.-  Robert  Livingston,  junior,  who 
married  the  only  daughter  of  colonel  Schuyler,  came 
in  for  Albany  ;  and,  together  with  Mr.  Morris,  who  was 
again  chosen  for  the  borough  of  Westchester,  joined 
the  governour's  interest.  Brigadier  Hunter  informed 
the  assembly  of  the  intended  expedition,  and  the  arri- 
val of  the  fleet  and  forces  ;  that  the^  quota  of  this  pro- 
vince, settled  by  the  council  of  war,  at  New-London, 
was  six  hundred  private  sentinels  and  their  officers  ; 
besides  which,  he  recommended  their  making  provision 
for  building  battoes,  transporting  the  troops  and  pro- 
visions, subsisting  the  Indians,  and  for  the  contingent 
charges  :  nor  did  he  forget  to  mention  the  support  of 
government  and  the  publick  debts. 


208  History  of  New-Ybrtc. 

'5. 

Tiie  houfee  was  so  Well  pleased  with  the  design  upon 
Canada,  that  they  voted  an  address  of  thanks  to  the 
queen,  and  sent  a  committee  to  Nicholson,  to  congra- 
tulate his  arrival,  and  make  an  honourable  acknowledge- 
ment of  his  "  sedulous  application  to  her  majesty  for 
reducing  Canada/'  In  a  few  days  time  an  act  was  pass- 
ed for  raising  forces  ;  and  the  assembly,  by  a  resolu- 
tion, according  to  the  gbvernour's  advice,  restricted  the 
price  of  provisions  to  certain  particular  sums*  Bills  of 
credit,  for  forwarding  the  expedition,  were  now  also 
struck,  to  the  amount  of  10,000/.  to  be  sunk  in  five 
years,  by  a  tax  on  estates  real  and  personal-  After 
these  supplies  were  granted,  the  governour  prorogued 
the  assembly  ;  though  nothing  was  done  relating  to  the 
ordinary  support  of  government. 

While  these  preparations  were  making  at  New- York, 
the  fleet,  consisting  of  twelve  men  of  w  ar,  forty  trans- 
ports, and  six  store  ships,  with  forty  horses,  a  fine  train 
of  artillery,  and  all  manner  of  warlike  stores,  sailed  for 
Canada,  from  Boston,  on  the  30th  of  July  ;  and,  about 
a  month  afterw  ards,  Nicholson  appeared  at  Albany,  at 
the  head  of  an  army  of  four  thousand  men,  raised  in 
this  and  the  colonies  of  New-Jersey  and  Connecticut : 
the  several  regiments  being  commanded  by  colonel  In- 
golsby,  colonel  Whiting,  and  colonel  Schuyler,  the  lat-^ 
ter  of  whom  procured  six  hundred  of  the  Five  Nations 
to  join  our  army. 

The  French,  in  Canada,  w^ere  not  unapprised  of  these 
designs.  Vaudreuil,  the  governour  general,  sent  his  or- 
ders, from  Montreal,  to  the  sieur  De  Beaucourt,  to  has- 
ten the  works  he  was  about  at  Quebec,  and  command- 
ed that  all  the  regulars  and  militia  should  be  held  in 
readiness  to  march  oa  the  first  w  arning.   Four  or  five 


-  / 

Bistory  of  NerV'  Tork.    ^  209 

hundred  Indians,  of  the  more  distant  nations,  arrived  at 
the  same  time  at  Montreal,  with  messieurs  St.  Pierre 
and  Tonti,  who,  together  with  the  Caughnuaga  prose- 
lytes, took  up  the  hatchet  in  favour  of  the  French, 
Vaudreuil,  'after  dispatching  several  Indians  and  two 
missionaries  among  the  Five  Nations,  to  detach  them 
from  our  interest,  went  to  (Quebec,  which  Beaucourt, 
the  engineer,  had  sufficiently  fortified  to  sustain  a  long 
siege.  All  tlie  principal  posts  below  the  city,  on  both 
sides  of  the  river,  were  prepared  to  receive  the  British 
troops  in  case  of  their  landing*  On  the  14th  of  August, 
Sir  Hoveden  Walker  arrived  with  the  fleet  in  the  mouth 
of  St.  Lawrence  river  ;  and  fearing  to  lose  the  company 
of  the  transports,  the  wind  blowing  fresh  at  northwest, 
he  put  into  Gaspy  bay,  and  continued  there  till  the  20th 
of  the  same  month.  Two  days  after  he  sailed  from 
thence,  the  fleet  was  in  the  utmost  danger,  for  they  had 
no  soundings,  were  witliout  sight  of  land,  the  wind  high 
at  east  southeast,  and  the  sky  darkened  by  a  thick  fog* 
in  these  circumstances  the  fleet  brought  to,  by  the  ad-^ 
vice  of  the  pilots,  who  w  ere  of  opinion,  that  if  the  ships 
lay  with  their  heads  to  the  southward,  they  might  be 
driven  by  the  stream  into  the  midst  of  the  channel  :  but 
instead  of  that,  in  two  hours  after,  they  found  them- 
selves on  the  north  shore,  amotig  rocks  and  islands,  and 
upon  the  point  of  being  lost.  The  men  of  war  escaped, 
but  eight  transports,  containing  eight  hundred  souls,  of*" 
ficers,  soldiers,  and  seamen,  were  cast  away.  Tw^o  or 
three  days  being  spent,  in  recovering  what  they  could 
from  the  shore,  it  was  determined,  at  a  consultation  of 
sea  officers,  to  return  to  some  bay  or  harbour,  till  a  fur- 
ther resolution  could  be  taken.  On  the  14th  of  Septem- 
ber they  arrived  at  Spanish-F^ver  bay,  where  a  coua. 

£7 


210 


History  of  New-York. 


cil  of  war,  consisting  of  land  and  sea  officers,  consider- 
ing  that  they  had  but  ten  weeks  provision,  and  judging 
that  they  could  not  depend  upon  a  supply  from  New- 
England,  unanimously  concluded  to  return  home,  with- 
out making  any  farther  attempts  ;  and  they  according- 
ly arrived  at  Portsmouth  on  the  9th  of  October,  when, 
in  addition  to  our  misfortunes,  the  Edgar,  a  70  gun  ship, 
was  blown  up,  having  on  board  above  four  hundred  men, 
besides  many  persons  who  came  to  visit  their  friends. 

As  soon  as  the  marquis  De  Yaudreuil,  by  the  ac- 
counts of  the  fishermen  and  two  other  ships,  had  reason 
to  suspect  that  our  fleet  w^as  returned,  he  went  to  Cham- 
bly,  and  formed  a  camp  of  three  thousand  men  to  op- 
pose Nicholson's  army,  intended  to  penetrate  Canada, 
at  that  end.  But  he  w^as  soon  informed  that  our  troops 
were  returned,  upon  the  news  of  the  disaster  which  had 
befallen  the  fleet,  and  that  the  people  of  Albany  were 
in  the  utmost  consternation. 

The  new  ministry  are  generally  censured  for  their 
conduct  in  this  expedition  by  the  whigs,  who  condemn 
both  the  project  and  the  measures  taken  towards  its 
execution.  The  scheme  was  never  laid  before  the  par- 
liainent,  though  it  was  then  sitting  ;  but  this,  it  is  said, 
was  for  the  greater  secrecy,  and  for  the  same  reason 
the  fleet  was  not  fully  victualled  at  home.  They  reli- 
ed upon  New-England  for  supplies,  and  this  destroyed 
^  the  design.  For  the  ships  tarried  at  Boston  till  the 
season  for  the  attack  was  over. 

According  to  lord  Harley's  account  of  this  expedi- 
tion, the  whole  was  a  contrivance  of  Bolingbroke, 
]Vloore,  and  the  lord  chancellor  Harcourt,  to  cheat  the 
publick  of  twenty  thousand  pounds.  The  latter  of  these 


History  of  New-York. 


211 


was  pleased  to  say,  "No  government  was  w^orth  serving 
that  would  not  admit  of  such  advantageous  jobs." 

Apprehensive  that  the  enemy  would  fall  upon  our 
borders,  as  they  afterwards  really  did,  in  small  parties, 
upon  the  miscarriage  of  that  enterprise  ;  governour 
Hunter  pressed  the  assembly,  in  autumn,  to  continue 
a  number  of  men  in  pay  the  ensuing  winter,  and  to  re- 
pair the  out  forts.  After  the  house  had  passed  several 
votes  to  this  purpose,  his  excellency,  dining  the  session, 
went  up  to  Albany,  to  withdraw  the  forces  of  the  colo- 
ny, and  give  orders  for  the  necessary  repairs. 

The  publick  debts,  by  this  unfortunate  expedition, 
were  become  greatly  enhanced,  and  the  assembly,  at 
last,  entered  upon  measures  for  the  support  of  govern- 
ment, and  sent  up  to  the  council  several  bills  for  that 
purpose.  The  latter  attempted  to  make  amendments, 
which  the  other  would  not  admit,  and  a  warm  contro- 
versy arose  between  those  two  branches  of  the  legisla- 
ture. The  council  assigned  instances  that  amendments 
had  formerly  been  allowed  ;  and,  besides  this  argu- 
ment, drawn  from  precedent,  insisted  that  they  were  a 
part  of  the  legislature,  constituted  as  the  assembly 
were,  "  by  the  mere  grace  of  the  crown  adding,  that 
the  lords  of  trade  had  determined  the  matter  in  their 
favour.  The  house,  nevertheless,  adhered  to  their  re- 
solutions, and  answered  in  these  words  : 

"  'Tis  true,  the  share  the  council  have  (if  any)  in  the 
legislation,  does  not  flow  from  any  title  they  have  from 
the  nature  of  that  board,  which  is  only  to  advise ;  or 
from  their  being  another  distinct  state,  or  rank  of  peo- 
ple in  the  constitution,  which  they  are  not,  being  all 
commons  ;  but  only  from  the  mere  pleasure  of  the 
prince,  signified  in  the  commission.    On  the  contrary, 


History  of  New-York. 


the  inherent  right  the  asseml>ly  have  to  dispose  of  the 
money  of  the  freemen  of  this  colony,  does  not  proceed 
from  any  commission,  letters  patent,  or  other  grant 
from  the  crown  ;  but  from  the  free  choice  and  election 
of  the  people,  who  ought  not  to  be  divested  of  their 
property,  (nor  justly  can)  without  their  consent.  Any 
former  condescensions,  of  other  assemblies,  will  not 
prescribe  to  the  council,  a  privilege  to  make  any  of 
those  amendments,  and  therefore  they  have  it  not.  If  the 
lords  commissioners  for  trade  and  plantations,  did  con- 
ceive no  reason  why  the  council  should  nol  have  right 
to  amend  money  bills,  this  is  far  from  concluding  there 
are  none.  The  assembly  understand  them  very  well,  and 
are  sufficiently  convinced  of  the  necessity  they  are  in, 
not  to  admit  of  any  encroachment  so  much  to  their  prer 
Judice." 

Both  houses  adhered  obstinately  to  their  respective 
opinions  :  in  consequence  of  which,  the  publick  debts 
remained  unpaid,  though  his  excellency  could  not  omit 
passing  a  bill  for  paying  to  himself  3750  ounces  of  plate. 

Upon  the  return  of  the  fleet,  Dudley,  Saitonstal,  and 
Cranston,  the  governours  of  the  eastern  colonies,  form- 
ed a  design  of  engaging  the  Five  Nations  in  a  rupture 
with  the  French,  and  wrote  on  that  head  to  Mr.  Hunter ; 
who  suspicious  that  his  assembly  would  not  approve  of 
any  project  that  might  increase  the  publick  debts,  laid 
their  letter  before  the  house,  and,  according  to  his  ex- 
pectatiims,  they  declared  against  the  scheme. 

About  this  time  colonel  Hunter,  by  the  advice  of  his 
council,  began  to  exen  ise  the  office  of  chancellor,  hav- 
ing, on  the  4th  of  October,  appointed  rnessieurs  Van 
J)am  and  Philipse,  masters,  Mr.  Whileman,  register,  Mr, 
Harrison,  examiner,  and  messieurs  Sharpas  and  Brough*^ 


History  of  New-York. 


213 


ton,  clerks.  A  proclamation  was  then  issued,  to  signify 
the  sitting  of  the  court  on  Thursday  in  every  week. 
This  gave  rise  to  these  two  resolutions  of  the  house : 

"  Resolved,  That  the  erecting  a  court  of  cliancery,. 
without  consent  in  general  assembly,  is  contrary  to  law, 
without  precedent,  and  of  dangerous  consequence  to 
the  liberty  and  property  of  the  subjects. 

"  That  the  establishing  fees,  without  consent  in  gen- 
eral assembly,  is  contrary  to  law."  The  council  made 
these  votes  the  subject  of  part  of  a  long  representation, 
which  they  shortly  after  transmitted  to  the  lords  of  trade, 
who,  in  a  letter  to  the  governour,  in  answer  to  it,  approv- 
ed of  his  erecting  a  coiut  of  equity,  and  blamed  the 
assembly  ;  adding,  "  that  her  majesty  has  an  undoubt- 
ed right  of  appointing  such,  and  so  many  courts  of  ju- 
dicature, in  the  plantations,  as  she  shall  think  necessary 
for  the  distribution  of  justice." 

At  the  next  meeting,  in  May,  1712,  colonel  Hunter 
strongly  recommended  the  publick  debts  to  the  consi- 
deration of  the  assembly,  informing  them,  that  the  lords 
of  trade  had  signified  their  opinion,  with  respect  to  the 
amending  money  bills,  in  favour  of  the  council.  The 
house  neglected  the  matters  laid  before  them,  and  the 
governour  broke  up  the  sessions  by  a  short  prorogation 
of  three  days.  After  which  they  soon  passed  an  act  for 
paying  his  excellency  8025  ounces  of  plate.  Our  pub- 
lick  affairs  never  wore  a  more  melancholy  aspect  than 
at  this  juncture. 

Among  the  Five  Nations  many  emissaries  from  the 
French  were  daily  seducing  them  from  the  British  in- 
terest, and  our  late  ill  success  gave  such  a  powerful  in* 
fluence  to  their  solicitations,  that  the  Indians  even  at 
Patt's  Kill  sent  a  belt  of  Wampum  to  those  in  Dut  chess 


214 


History  of  New- York. 


county  to  prepare  for  a  war.  The  Senecas  and  Shaw- 
anas  were  also  greatly  disaffected,  and  it  was  generally 
apprehended  that  they  would  fall  upon  the  inhabitants 
along  Hudson's  River.  An  invasion  was  strongly  sus- 
pected, by  sea,  on  the  city  of  New- York,  where  they 
had  been  alarmed,  in  April,  by  an  insurrection  of  the 
negroes  ;  who,  in  execution  of  a  plot  to  set  fire  to  the 
town,  had  burnt  down  a  house  in  the  night,  killed  several 
people  who  came  to  extinguish  the  fire,  for  which  nine- 
teen of  them  were  afterwards  executed.  But  distressed  as 
the  colony  then  was,  the  assembly  were  inflexibly  averse 
to  the  establishment  of  a  revenue,  which  had  formerly 
been  wickedly  misapplied  and  exhausted.  At  the  ensuing 
session,  in  the  fall,  colonel  Hunter  proposed  a  scheme 
to  the  assembly,  which  was,  in  substance,  that  the  re- 
ceiver general  should  give  security,  residing  in  the  co- 
lony, for  the  due  execution  of  his  office  ;  and,  every 
quarter,  account,  to  the  governour  and  council,  for  tlie 
sums  he  might  receive.  That  the  creditors  of  the  go- 
vernment should,  every  three  months,  deliver  in  their  de- 
mands to  the  governour  and  council  ;  when,  if  that 
quarter's  revenue  equalled  the'  amount  of  such  debts, 
the  governour,  by  the  advice  of  council,  should  draw 
for  it :  but  if  the  revenue,  for  that  quarter,  should  fall 
short  of  the  governour's  demands  ;  then  the  warrants 
were  to  be  drawn  for  so  much  only  as  remained,  and 
the  creditors  should  afterwards  receive  new  drafts  for 
their  balances  in  the  next  quarter.  That  no  warrant 
should  be  issued,  until  the  quarterly  account  of  the  re- 
venue was  given  in  ;  but  that  then  they  should  be  paid 
in  course,  and  an  action  of  debt  be  given  against  the 
receiver  general  in  case  of  refusal.  That  he  should  ac- 
count also  to  the  assembly  when  required,  and  permit 


History  of  New- York. 


215 


all  persons  to  have  recourse  to  his  books.  The  house 
turned  a  deaf  ear  to  this  plausible  project,  and  displeas- 
ed with  a  letter  from  the  lords  of  trade,  favouring  the 
council's  claim  to  amend  money  bills,  they  agreed  upon 
an  address  to  the  queen,  protesting  their  willingness  to 
support  her  government,  complaining  of  misapplications 
in  the  treasury,  intimating  their  suspicions  that  they 
were  misrepresented,  and  praying  an  instruction  to  the 
governour  to  give  his  consent  to  a  law,  for  supporting 
an  agent  to  represent  them  at  the  court  of  Great  Bri- 
tain. Provoked  by  this  conduct,  and  to  put  an  end  to 
the  disputes  subsisting  between  the  two  houses,  his  ex- 
cellency dissolved  the  assembly. 

Before  the  meeting  of  the  next  assembly,  the  peace  of 
Utrecht  was  concluded,  on  the  31st  of  March,  1713.  A 
peace,  in  the  judgment  of  many,  dishonourable  to  Great 
Britain,  and  injurious  to  her  allies.  I  shall  only  consider 
it  with  relation  to  our  Indian  affairs.  The  reader,  doubt- 
less, observed  that  lord  Bellamont,  after  the  peace  at 
llyswick,  contended  w  ith  the  governour  of  Canada,  that 
the  Five  Nations  ought  to  be  considered  as  subjects  of 
the  British  crown,  and  that  the  point  was  disputed  even 
nfter  the  death  of  count  Frontenac.  It  does  not  appear 
that  any  decision  of  that  matter  was  made  between  the 
tw^o  crowns,  till  the  treaty  of  Utrecht,  the  xvth  article 
of  which  is  in  these  words  : 

"  The  subjects  of  France  inhabiting  Canada,  and  oth- 
ers, shall  hereafter  give  no  hindrance  or  molestation  to 
the  Five  Nations,  or  cantons  of  Indians,  subject  to  the 
dominion  of  Great  Britain,  nor  to  the  other  nations  of 
America,  who  are  friends  to  the  same.  In  like  manner, 
the  subjects  of  Great-Britain  shall  behave  themselves 
peaceably  towards  the  Americana;,  who  are  subject^  or 


216 


History  of  New-  York. 


friends  to  France  ;  and  on  both  sides  they  shall  enjoy 
full  liberty  of  going  and  coming  on  account  of  trade^ 
Also  the  natives  of  these  countries  shall,  with  the  same 
liberty,  resort,  as  they  please^  to  the  British  and  French 
colonies,  for  promoting  trade  on  one  side  and  the  oth- 
er, without  any  molestation  or  hindrance,  either  on  the 
part  of  the  British  subjects,  or  of  the  French.  But  it 
is  to  be  exactly  and  distinctly  settled  by  commissaries, 
who  are,  and  who  ought  to  be,  accounted  the  subjects 
of  Britain  or  of  France.'^ 

In  consequence  of  this  treaty,  the  British  crown  be- 
came entitled,  at  least  for  any  claim  that  could  justly 
be  interposed  by  the  French,  to  the  sovereignty  over 
the  country  of  the  Five  Nations,  concerning  the  extent 
of  which,  as  it  never  was  adjusted  by  commissaries,  it 
may  not  be  improper  to  say  a  few  words. 

When  the  Dutch  began  the  settlement  of  this  coun- 
try, all  the  Indians  on  Long  Island,  and  the  northern 
shore  of  the  sound,  on  tlie  banks  of  Connecticut,  Hud- 
son's, Delaware,  and  Susquehanna  rivers,  were  in  sub- 
jection to  the  Five  JXations  ;  and,  within  tht-  memory  of 
persons  now  living,  acknowledged  it  by  the  payment 
of  an  annual  tribute."^  The  French  historians  of  Can- 
ada, both  ancient  and  modern,  agree  that  the  more 
northern  Indians  were  driven  before  the  superior  mar- 
tial prowess  of  the  confeder^^tes.  The  author  of  the 
book  entitled,  Jlclation  de  ce  qui  s^cst  passe  de  plus  re- 
marquahle  aux  mission  de  peres  de  la  compagnie  de 
JesuSy  en  la  nouvelle  France^  published  w  ith  the  privilege 
of  the  French  king,  at  Paris,  in  1661,  writes  w  ith  such 

*  A  little  tnbe,  settled  at  the  su^ar-loaf  mountain,  in  Orange  coun^ 
ty,  to  this  day,  make  a  yearly  payment  of  about  20i.  to  the  Mohav-ks, 


History  of  Nm-York.  21 1 

isingular  simplicity,  as  obviates  the  least  suspicion  of 
those  sinister  views,  so  remarkable  in  the  late  French 
histories.  He  informs  us  that  all  tlie  northern  Indians; 
as  far  as  Hudson's  bay,  were  harrassed  by  the  Five  Na- 
tions, "  Parlouty  (says  he,  speakinj^  in  the  name  of  the 
missionaries)  nons  trouvons  Iroquois^  qui  comme  un 
phantome  imporluriy  nous  ohsede  en  tons  Ueux.^^  In  the  ac- 
count he  gives  of  tlie  travels  of  a  f^ither,  in  1658,  we 
are  told,  that  the  banks  of  the  upper  lake  were  lined 
with  the  Algonkins,  ou  la  crainte  des  Iroquois  leur  a 
fait  chercher  un  asi/le.''  Writing  of  the  Hurons,  "  la 
nation  la  plus  sedentaire  Sf  la  plus  propre  pour  les  se- 
memes de  la  foiy^'  he  represents  them  as  totally  destroy- 
ed by  the  confederates.  Charlevoix,  whose  history  of 
New-France  is  calculated  to  countenance  the  encroach- 
ments of  the  French,  gives  the  following  description  of 
the  territory  of  the  confederates  : 

"  The  country  of  the  Iroquois  (says  he)  extends  it- 
self between  the  41st  and  44th  degrees  of  north  lati- 
tude, about  seventy  or  eighty  leagues  from  east  to 
west,  from  the  head  of  the  river,  bearing  for  its  name 
that  of  Richelieu  and  Sorel  ;^  that  is,  from  lake  St.  Sa- 
crament to  Niagara,  and  a  little  above  forty  leagues 
from  north  to  south,  or  rather  northeast  and  southwest 
from  the  head  of  the  Mohawks  river  to  the  river  Ohio. 
Thus  the  last  mentioned  river  and  Pennsylvania  bound 
it  on  the  south.  On  the  west  it  has  lake  Ontario  ;  and 
lake  Erie  on  the  northwest ;  St.  Sacrament  and  the  ri- 
ver St.  LawTence  on  the  north ;  on  the  south  and  south- 
east, the  province  of  New-York*    It  is  watered  with 


*  The  river  issuing  from  lake  Champlalnis  called  Riviere  des  Iro^^ 
quois  de  Richelieu  &  {Sorel  :  but  the  last  is  now  most  commonly  used* 

28 


21« 


History  of  New-York. 


many  rivers.  The  land  is  in  some  places  broken,  hxit^ 
generally  speaking,  very  fertile." 

In  this  partial  description  the  Jesuit  is  neither  con- 
st istent  with  his  geographer,  nor  several  other  French 
authors;  and  yet  both  his  history  and  Mr.  Bellin's 
maps,  in  1744^^  which  are  bound  up  with  it,  iurnisb 
many  strong  evidences  in  favour  of  the  Biilish  claims. 
I  will  point  out  a  few  instances.  The  ancient  country 
of  the  Hurons  is  laid  down  on  the  north  side  of  lake 
Erie,  by  which  we  are  ascertained  of  the  extent  of  ter- 
ritory, to  which  the  Five  Wations  are  entitled  by  their 
conquest  of  that  people.  The  right  of  the  confederates 
to  the  south  side  of  that  lake,  is  also  established  by  their 
dispersion  of  the  Cat  Indians,  to  whom  it  originally  be- 
longed. The  land,  on  both  sides  of  the  lake  Ontario, 
IS  admitted  to  be  theirs  by  this  geographer,  who  writes 
on  the  north,  "  les  Iroquois  du  nord,"  and  on  the  south 
side,    pays  des  Iroquois."    Hennepin,  La  Hontan  and 

*  Mr.  Bellio  published  a  new  set  of  maps  in  1745,  the  first  plate  be- 
fn«;  thought  too  favourable  to  our  claims,  especially  in  the  protraction  of 
the  north  side  of  the  bay  of  Fundy,  for  Nova-Scotia,  which  in  the  se- 
cond plate,  was  called  "  the  south  part  of  New-France.'*  General  Shir- 
ley, one  of  the  British  commissaries  for  settling  the  disputed  limits, 
took  occasion  to  speak  of  this  alteration  to  Mr.  Bellin,  at  Paris^  and 
informed  him  that  one  hundred  copies  of  his  first  maps  were  dispersed 
in  London,  upon  which  he  discovered  some  surprise  ;  but  instead  of 
urging  any  thing  in  support  of  tfie  variation  in  his  new  draft,  said, 
smiling,  "  we  in  France  must  follow  the  command  of  the  monarch."  I 
mention  this  to  show  that  since  the  P'rench  government  interposes  in 
the  construction  of  their  maps,  they  are  proper  evidence  against  them. 
Among  the  Englij^h,  Dr.  Mitchell's  is  tlie  only  authentick  one  extant. 
None  of  the  rest,  concerning  America,  have  passed  under  the  examina- 
tion, or  received  the  sanction  of  any  publick  board;  an<I,  for  this  rea- 
son, they  ought  not  to  be  construed  to  our  prejudice.  Add,  that  they 
generally  copy  from  the  French. 


History  of  New- York. 


21§ 


Belisle,  all  concur  with  Bellin,  in  extending  the  right  of 
the  Five  Nations,  to  the  lands  on  the  north  side  of  lake 
Ontario.  The  first  of  these,  besides  what  appears  from 
his  map,  speaking  of  that  lake,  has  these  words,  "  there 
^re  likewise  on  the  north  side  these  Iroquois  villages, 
Tejajahon,  Kente-,  and  Ganneousse;"  every  one  of  wiiich 
is  laid  d(^vvn  even  in  Bellin's,  and  ahnost  all  the  maps  I 
have  seen  of  that  c(mntry,  whether  French  or  English- 
What  renders  Hennepin's  account  the  more  remarkable, 
is,  that  these  villages  were  there  in  1679,  seven  years  af- 
ter the  erection  of  fort  Frontenac,  From  whence  it  may 
fairly  be  argued,  that  their  not  opposing  those  works, 
w^as  by  no  means  a  cession  of  the  country  to  the  French  ; 
and  indeed  Charlevoix  himself  represents  that  matter  as 
carried  on  by  a  fraud,  for,  says  he,  "  under  pretext  of 
seekhig  their  advantage,  the  governour  had  nothing  m 
view,  ipie  de  les  tenir  en  hride^ 

To  these  attestations,  which  are  the  more  to  be  de- 
pended upon,  because  they  are  given  by  the  French 
writers,  whose  partiality  leads  them  to  confine  the 
Five  Nations  to  contracted  limits,^  we  may  add,  that 
our  Indians  universally  concur  in  the  claim  of  all  the 
lands,  not  sold  to  the  English,  from  the  mouth  of  Sorel 
river,  on  the  south  side  of  the  lakes  Erie  and  Ontario, 
on  both  sides  of  the  Ohio,  till  it  falls  into  the  Missisip- 
pi ;  and  on  the  north  side  of  those  lakes,  that  whole  ter- 

*  Mr.  Belfin  was  engineer  of  the  marine,  and  tells  us  that  Charlevoix 
performed  his  travels  in  this  country  \>y  order  of  the  French  court  ; 
that  he  w  as  a  man  of  attention  and  curiosity,  and  had  a  determined  re- 
solution to  collect  all  possible  intelligence,  which  he  designed  to  make 
publick.  To  give  the  greater  credit  to  the  Jesuit's  history  anf!  his  om  k 
map,  he  adds,  that  Charlevoix  was  nevpr  without  the  instruments  |3X0? 
yer  for  a  voyager,  "  partout  la  boussole  a  la  maioo'* 


220  History  of  New-York. 


ritory  between  the  Outawais  river  and  the  lake  Huron, 
and  even  beyond  the  streights  between  that  and  lake 
Erie.  This  last  tract,  and  the  land  on  the  north  side  of 
the  lakes  Erie  and  Ontario,  were  contained  in  their  sur- 
render to  king  William,  in  1701  ;  of  which  I  took  notice 
in  its  proper  place  :  and  doubtless  to  that,  and  lord  Bel- 
lamont's  contest  with  count  Frontenac,  we  must  ascribe 
it,  tliat  the  Five  Nations  were  afterwards  so  particular- 
ly taken  notice  of  in  the  treaty  of  Utrecht. 

The  British  title  to  fort  Frontenac,  and  the  lands  on 
the  north  west  side  of  Cadaracqui  river,  has  of  late  been 
drawn  into  question  by  some,  who,  from  jealousy,  or 
other  motives  equally  shameful,  were  bent  upon  find- 
ing fault  with  every  measure  planned  by  general  Shir- 
ley. The  advocates  for  the  French  claim,  relied  m^ich 
Qn  a  late  Map  of  the  middle  British  Colonies,  and  two 
pamphlets  published  by  Lewis  Evans. 

"  The  French,  says  he,  being  in  possession  of  fort, 
Frontenac,  at  the  peace  of  Ryswick,  which  they  attain- 
ed during  their  war  with  the  confederates,  gives  them 
an  undoubted  title  to  the  acquisition  of  the  northwest 
side  of  St.  Lawrence  river,  from  thence  to  their  settle- 
ment at  Montreal."  The  writer  adds ;  "  it  was  upon 
the  faith  and  honour  of  king  William's  promise  (by 
the  fourth  article  of  the  treaty  of  Ryswick)  of  not 
disturbing  the  French  king  in  the  free  possession  of 
the  kino;(]oms,  countries,  lands,  or  dominions  he  then  en- 
joyed, that  I  said  the  French  had  an  undoubted  title 
to  their  acquisition  of  the  northwest  side  of  St.  Law-^ 
rei  ce  river,  from  Frontenac  to  Montreal." 

Whether  the  treaty  ought  to  be  considered,  as  hav- 
ing any  relation  to  this  matter,  is  a  question  which  I 
$hall  not  take  upon  rae  to  determine.   The  map  mak- 


History  of  Nav-YorL  221 

ev  supposes  it  to  be  applicable,  and,  for  the  present,  I 
grant  it.  The  xiith  article  of  this  treaty  is  in  these 
words  :  "  the  most  Christian  king  shall  restore  to  the 
Jving  of  Great-Britain,  all  countries,  islands,  forts,  and 
colonies,  wheresoever  situated,  which  the  English  did 
possess  before  the  declaration  of  the  present  war.  And 
in  like  manner,  the  king  of  Great  Britain  shall  restore 
to  the  most  Christian  king,  all  countries,  islands,  forts, 
and  colonies,  wheresoever  situated,  which  the  French 
did  possess  before  the  said  declaration  of  war.''  If  there- 
fore the  British  subjects  were  in  possession  of  fort  Fron- 
tenac  at  the  commencement  of  the  war,  the  French, 
who  attained  it  during  its  continuance,  according  to  this 
treaty,  ought  to  have  surrendered  it  to  the  British  crown. 

Whatever  the  French  title  to  fort  Frontenac  might 
have  been  antecedent  to  the  year  1688,  in  which  the 
island  of  Montreal  was  invaded  by  the  Five  Nations,  it 
is  certain  that  it  was  then  abandoned,  and  that  the  In- 
dians entered  it,  and  demolished  a  great  part  of  the 
works.^  But  the  author  of  the  map  affirms,  "  that  the 
English  did  not  possess  fort  Frontenac  before  the  de- 
claration of  war  terminated  by  the  peace  of  Kyswick.'' 
^o  which  I  reply,  that  the  Indians  acquired  a  title  in 
1688,  either  by  conquest,  or  dereliction,  or  both  ;  and 
that  the  crown  of  Great  Britain  had  a  right  to  take  ad- 
vantage of  their  acquisition,  in  virtue  of  its  sovereign- 
ty over  the  Five  Cantons.  That  they  were  our  depend- 
ents, was  strongly  and  often  insisted  upon  by  gover- 
nour  Dongan  and  lord  Bellamont,  and  the  point  re- 
mained sub  jvdiccy  till  the  treaty  of  Utrecht.  Then  a 
decision  was  solemnly  made  in  our  favour,  which  looks 

Le  fort  de  Catarocouy  etoit  ^vacue  &  ruine.  Charlevoix* 


222 


tiislory  of  New-York. 


back,  as  the  determination  of  all  disputes  do,  at  least  as 
far  as  the  first  rise  of  the  controversy  ;  posterior  to 
which,  and  prior  to  king  William's  war,  his  Indian  sub- 
jects obtained  the  possession  of  the  fort  in  question/'^ 
Whence  I  think  it  may  be  fairly  deduced,  if  we  take 
the  treaty  of  Ryswick  for  our  rule,  that  fort  Fron- 
tenac,  which  was  regained  by  the  French  during  their 
w  ar  with  us,  ought  to  have  been  surrendered  to  the  Bri- 
tish crow^n.  Every  publick  transaction  between  the 
French  and  the  Five  Nations,  without  the  participation 
of  the  government  of  Great  Britain,  since  the  Indians 
were  claimed  as  our  dependents,  is,  perhaps,  absolutely 
v  oid,  and  particularly  the  treaty  of  peace  made  between 
the  Indians  and  the  chevalier  De  Callieres,  after  the 
death  of  coimt  Frontenac.f 

The  possession  of  any  part  of  the  country  of  the 
Five  Nations  by  the  French,  either  before  or  since  the 
close  of  queen  Anne's  w^ar,  cannot  prejudice  the  Bri- 
tish title,  because  the  treaty  of  Aix  la  Chapelle  renews 
and  confirms  that  executed  at  Utrecht,  in  1713,  and  ex- 
pressly stipulates,  that  the  dominions  of  the  contracting 
parties  shall  be  in  the  same  condition,  which  they  ought 

The  Five  Nations  entered  the  fart  in  1688,  and  the  war  against 
France  was  not  proclaimed  till  May,  1689. 

t  Evan's  map  and  first  pamphlet,  or  analysis,  were  published  in  the 
summer,  1755,  and  that  part  in  favour  of  the  French  claim  to  Fronte- 
nac,  was  attacked  by  two  papers  in  the  New- York  Mercury,  in  Jan. 
1756.  This  occasioned  his  publication  of  the  second  pamphlet  the 
next  spring,  in  which  he  endeavours  to  support  his  map.  He  was  a 
man  in  low  circumstances,  in  his  temper  precipitate,  of  violent  passions, 
great  vanity,  and  rude  manners.  He  pretended  to  the  knowledge  of 
every  thin^:,  and  yet  had  very  little  learning.  By  his  inquisitive  turn 
he  filled  his  head  with  a  considerable  i^ollection  of  materials ;  and  a  per- 


History  oj  Ntrv-YorJc. 


223 


of  1  iffht  to  have  been  in  before  the  late  war.''  Commis- 
saries  were  soon  after  appointed  to  adjust  the  contro- 
verted limits,  who  accordingly  met  at  Paris,  and  conti- 
nued the  negotiation,  till  the  French  king  perfidiously 
seized  upon  several  parts  of  Nova-Scotia,  or  Acadia,  the 
settlement  of  the  bounds  of  which,  was  part  of  the  very 
business  of  the  commissaries.  This  gave  rise  to  the  pre- 
sent operations,  and  the  longest  sword  will  determine  the 
controversy. 

Brigadier  Hunter  was  disappointed  in  his  expecta- 
tions upon  the  late  dissolution,  for  though  the  elections 
were  very  hot,  and  several  new  members  came  in,  yet 
the  majority  were  in  the  interest  of  the  late  assembly, 
and  on  the  27th  of  May,  1713,  chose  Mr.  Nicoll  into  the 
chair.  The  governour  spoke  to  them  with  great  plain- 
ness, informing  them,  that  it  would  be  in  vain  to  endea-» 
vour  to  lodge  the  money  allotted  for  the  support  of  go- 
vernment, in  any  other  than  the  hands  of  the  queen's  of- 
ficers. Nevertheless  (says  he)  if  you  are  so  resolved, 
you  may  put  the  country  to  the  expense  of  a  treasurer 
for  the  custody  of  money  raised  for  extraordinary  uses." 
He  added,  that  he  was  resolved  to  pass  no  law,  till  pro- 
son  of  more  judgment  than  he  had,  might,  for  a  few  clays,  receive  ad- 
vantages from  his  conversation.  He  piqued  himself  much  upon  his  two 
maps,  which  are,  however,  justly  chargeable  with  many  errours.  His 
ignorance  of  language  is  evident,  both  in  them  and  the  two  pamphlets 
of  his  analysis,  the  last  of  which  is  stuffed  with  groundless  aspersions  on 
general  Shirley,  who  deserves  so  well  from  these  colonies,  that  on  that 
account,  and  to  weaken  the  authority  of  a  map  prejudicial  to  his  majes- 
ty's rights,  I  beg  the  reader's  excuse  for  this  infraction  of  the  old  yule, 
de  mortuis  nil  nisi  bonum.  He  died  at  New- York,  June  12,  1756, 
under  an  arrest  for  a  gross  slander  uttered  against  Mr.  Morris,  the 
governour  of  Peansylvania. 


224 


History  of  New-York. 


vision  was  made  for  the  government.  The  members 
v^  ere  therefore  reduced  to  the  dilemma  of  passing  a  bill 
for  that  purpose,  or  breaking  up  immediately.  They 
chose  the  former,  and  the  governour  gave  his  assent  to 
that,  and  an  excise  bill  on  strong  liquoi  s,  which  conti- 
nues to  this  day,  producing  into  the  treasury  about  one 
thousand  pounds  per  annum.  After  a  short  recess,  se- 
veral other  laws  were  enacted  in  the  fall.  But  the  debts 
of  the  government  still  remained  unnoticed,  till  the  sum- 
mer of  the  year  1714.  A  loug  session  was  then  almost 
entirely  devoted  to  that  single  affair.  Incredible  were 
the  numbers  of  the  publick  creditors.  New  demands 
were  every  day  made.  Petitions  came  in  from  all  quar- 
ters, and  even  for  debts  contracted  before  the  revolution. 
Their  amount  was  near  twenty-eight  thousand  pounds. 
To  pay  this  prodigious  sum,  recourse  was  had  to  the 
circulation  of  bills  of  credit  to  that  value.  These  were 
lodged  in  the  hands  of  the  province  treasurer,  and  issu- 
ed by  him  only,  according  to  the  directions  of  the  act. 

The  news  of  the  queen's  death  arriving  in  the  ensu- 
ing fall,  a  dissolution  ensued  of  course  ;  and  a  new 
house  met  in  May,  1715,  which  continued  only  to  the 
21st  of  July ;  for  the  governour  being  now  determin- 
ed to  subdue  those  whom  he  could  not  allure,  again 
dissolved  the  assembly.  He  succeeded  in  his  design,  for 
though  Mr.  NicoU  was  re-elected  into  the  chair,  on  the 
9th  of  June,  1716,  yet  we  plainly  perceive,  by  the  har- 
mony introduced  between  the  several  branches  of  the 
legislature,  that  the  majority  of  the  house  w^ere  now  in 
the  interest  of  the  governour. 

An  incontestable  evidence  of  their  good  understand- 
ing appeared  at  the  session  in  autumn,  1717,  w^hen  the 
governour  informed  them  of  a  memorial,  which  had 


History  of  New-Yorh  22ir 

been  sent  home,  reflecting  upon  his  administration.  The 
house  immediately  voted  an  address  to  him,  which  was 
conceived  in  terms  of  the  utmost  respect,  testifying 
their  abhorrence  of  the  memorial,  as  a  false  and  mali- 
cious libel.  It  was  supposed  to  be  written  by  Mul- 
ford,  a  representative  for  Suffolk  county,  who  always 
opposed  the  measures  that  were  taken  to  preserve  the 
friendship  of  the  Five  Nations,  and  foolishly  projected 
a  scheme  to  cut  them  off!  It  was  printed  m  England, 
and  delivered  to  the  members  at  the  door  of  the  house 
of  commons,  but  never  had  the  author's  intended  ef- 
fect. 

It  was  at  this  meeting  the  coimcil,  on  the  31st  of  Oc- 
tober, sent  a  message  by  Mr.  Alexander,  then  deputy 
secretary  to  the  house,  desiring  them  "  to  appoint  pro- 
per persons  for  running  the  division  line  between  this 
colony  and  the  province  of  New-Jersey,  his  excellency 
being  assured  the  legislature  of  the  province  of  New- 
Jersey  will  bear  half  the  expense  thereof.'*  The  as- 
sembly had  a  bill  before  them,  at  that  time,  which  af- 
terwards passed  into  a  law,  for  the  payment  of  the  re- 
maining debts  of  the  government,  amounting  to  many 
thousand  pounds  ;  in  which,  after  a  recital  of  the  gene-' 
ral  reasons  for  ascertaining  the  limits  between  New- 
York  and  New- Jersey  on  the  one  side,  and  Connecti- 
cut on  the  other,  a  clause  was  added,  to  defray  the  ex-* 
pense  of  those  services.  Seven  hundred  and  fifty 
ounces  of  plate  were  enacted  "  to  be  issued  by  war- 
rant, under  the  hand  and  seal  of  the  governour  of  this 
province  for  the  time  being,  by  and  with  the  advice 
and  consent  of  his  majesty's  council,  in  such  parts  and  ^ 
portions  as  shall  be  requisite  for  that  service,  when  the 
survey,  ascertaining,  and  numiiig  the  said  lijie,  limit, 

29 


226  History  of  Ncrv-YorTc. 

and  boundary,  shall  be  begun,  and  carried  on,  by  the 
mutual  consent  and  agreement  of  his  excellency  and 
council  of  this  province,  and  the  proprietors  of  tlie  soil 
of  the  said  province  of  New-Jersey."  According  to 
this  law,  the  line  "  agreed  on  by  the  surveyors  and 
commissioners  of  each  colony  was  to  be  conclusive." 
Another  sum  was  also  provided  by  the  same  clause, 
for  running  the  line  between  New- York  and  Connect- 
icut ;  and  fh  the  year  1719,  an  act  was  passed  for  the 
settlement  of  that  limit,  of  which  I  shall  have  occasion 
to  take  notice  in  a  succeeding  administration. 

Whether  it  was  because  Mr.  JNlicoll  was  disgusted 
with  the  governour's  prevailing  interest  in  the  house, 
or  to  his  infirm  state  of  health,  that  he  desired,  by  a 
letter  to  the  general  assembly,  on  the  18th  of  May, 
1718,  to  be  discharged  from  the  speaker's  place,  is  un- 
certain. His  request  was  readily  granted,  and  Robert 
Livingston,  esq.  chosen  in  his  stead.  The  concord  be- 
tween the  governour  and  this  assembly  was  now  wound 
up  to  its  highest  pitch.  Instead  of  other  evidences  of 
it,  I  shall  lay  before  the  reader  his  last  speech  to  the 
house,  on  the  24th  of  June,  1719,  and  their  address  in 
answer  to  it. 

"  Gentlemen, 

"  I  have  now  sent  for  you,  that  you  may  be  witnesses 
to  my  assent  to  the  acts  passed  by  the  general  assem- 
bly in  this  session.  I  hope  that  what  remains  unfinish- 
ed may  be  perfected  by  to-morrow,  when  I  intend  to 
put  a  close  to  this  session. 

"  I  take  this  opportunity  also  to  acquaint  you,  that 
my  late  uncertain  state  of  health,  the  care  of  my  little 
family,  and  my  private  affairs,  on  the  other  side,  have 
at  last^  determined  me  to  make  use  of  that  license  of 


History  of  New-York.  227 

absence,  which  has  been,  sometiine  ago,  so  graciously 
^  wanted  me  ;  but  with  a  firm  resolution  to  return  to  you 
again,  if  it  is  his  majesty's  pleasure  that  I  should  do  so  : 
but  if  that  proves  otherwise,  I  assure  you  that  whilst  I 
live,  I  shall  be  watchful  and  industrious  to  promote  the 
interest  and  welfare  of  this  country,  of  which,  I  think, 
I  am  under  the  strongest  obligations,  for  the  future, 
to  account  myself  a  countryman. 

I  look  with  pleasure  on  the  present  quiet  and  flour- 
ishing state  of  the  people  here,  whilst  I  reflect  on  that 
in  which  I  found  them  at  my  arrival.  As  the  very  name 
of  party  or  fact  ion  seems  to  be  forgotten,  may  it  for 
ever  lie  buried  in  oblivion,  and  no  strife  ever  happen 
among  you,  but  that  laudable  emulation,  who  shall  ap- 
prove himself  the  most  zealous  servant  and  most  dutiful 
subject  of  the  best  of  princes,  and  most  useful  member 
of  a  well  established  and  flourishing  community,  of 
which  you,  gentlemen,  have  given  a  happy  example, 
which  1  hope  will  be  followed  by  future  assemblies.  I 
mention  it  to  your  honour,  and  without  ingratitude  and 
breach  of  duty  I  could  do  no  less." 

Colonel  Morris  and  the  new  speaker,  were  the  authors 
of  the  answer  to  this  speech,  though  it  was  signed  by  all 
the  members.  Whether  Mr.  Hunter  deserved  the  eula- 
gium  they  bestowed  upon  him,  I  leave  the  reader  to  de- 
termine. It  is  certain  that  few  plantation  governours 
have  the  honour  to  carrv  liome  with  them  such  a  testi- 
monial  as  this  : 

"  Sir,  when  we  reflect  upon  your  past  conduct,  your 
just,  mild,  and  tender  administration,  it  heightens  the 
concern  we  have  for  your  departure,  and  makes  our 
grief  such  as  words  cannot  truly  express.  You  have 
governed  well  and  wisely,  like  a  prudent  magistrate. 


228 


History  of  New-York. 


like  an  affectionate  parent ;  and  wherever  you  go,  and 
whatever  station  the  Divine  Providence  shall  please  to 
assign  you,  our  sincere  desires  and  prayers  for  the  hap- 
piness of  you  and  yours,  shall  always  attend  you. 

"  We  have  seen  many  governours,  and  may  see  more; 
and  as  none  of  those,  who  had  the  honour  to  serve  in 
your  station,  were  ever  so  justly  fixed  in  the  afTections 
of  the  governed,  so  those  to  come  wall  acquire  no  mean 
reputation,  w  hen  it  can  be  said  of  them,  their  conduct 
has  been  like  yours. 

"  We  thankfully  accept  the  honour  you  do  us,  in  call- 
ing yourself  our  countryman  ;  give  us  leave  then  to 
desire,  that  you  will  not  forget  this  as  your  country, 
and,  if  you  can,  make  haste  to  return  to  it. 

"  But  if  the  service  of  our  sovereign  will  not  admit  of 
what  we  so  earnestly  desire,  and  his  commands  deny  us 
that  happiness  ;  permit  us  to  address  you  as  our  friend, 
and  give  us  your  assistance,  when  we  are  oppressed 
with  an  administration  the  reverse  of  yours.'' 

Colonel  Hunter  departing  the  province,  the  chief  com- 
mand devolved,  the  31st  of  July,  1719,  on  Peter  Schuy- 
ler, esq.  them  the  eldest  member  of  the  board  of  council. 
As  he  had  no  interview  with  the  assembly  during  his 
short  administration,  in  which  he  behaved  with  great 
moderation  and  integrity,  there  is  very  little  observa- 
ble in  his  time,  except  a  treaty,  at  Albany,  with  the  In- 
dians, for  confirming  the  ancient  league  ;  and  the  trans- 
actions respecting  the  partition  line  between  this  and 
the  colony  of  New-Jersey  :  concerning  the  latter  of 
^hich,  I  shall  now  lay  before  the  reader  a  very  sum- 
mary account. 

The  two  provinces  were  originally  included  in  the 
grant  of  king  Charles  to  the  duke  of  York.  New-Jer- 


History  of  New- York. 


229 


sey  was  afterwards  conveyed  by  the  duke  to  lord  Berk- 
ley and  sir  George  Carteret.  This  again,  by  a  deed  of 
partition,  was  divided  into  East  and  West  Jersey,  the 
former  being  released  to  sir  George  Carteret,  and  the 
latter  to  the  assigns  of  lord  Berkley.  The  line  of  di- 
vision extended  from  little  Egg  Harbour  to  the  north 
partition  point  on  Delaware  river,  and  thus  both  those 
tracts  became  concerned  in  the  limits  of  tlie  province 
of  New-York.  The  original  rights  of  lord  Berkley  and 
sir  George  Carteret,  are  vested  in  two  different  sets, 
consisting  each  of  a  great  number  of  persons,  known  by 
the  general  name  of  the  proprietors  of  East  and  West 
Jersey,  who,  though  they  surrendered  the  powers  of 
government  to  queen  Anne,  in  the  year  1702,  still  retain- 
ed their  property  in  the  soil.  These  were  the  persons 
interested  against  the  claim  of  New- York.  It  is  agreed, 
on  all  sides,  that  the  deed  to  New-Jersey  is  to  be  first 
satisfied  out  of  that  great  tract  granted  to  the  duke, 
and  that  the  remainder  is  the  right  of  New- York.  The 
proprietors  insist  upon  extending  their  northern  limits 
to  aline  drawn  from  the  latitude  of  4i°  40'  on  Delaware, 
to  the  latitude  of  41®  on  Hudson's  river  ;  and  alledge 
that  before  the  year  1671,  the  latitude  of  4P,  was  reput- 
ed to  be  fourteen  miles  to  the  northward  of  TapJ)an 
creek,  part  of  those  lands  being  settled  under  New- Jer- 
sey till  1684.  They  farther  contend,  that  in  1684  or 
1685,  Dongan  and  Lawrie,  (the  former  governour  of 
New- York,  and  the  latter  of  New-Jersey)  with  their 
respective  councils  agreed  that  the  latitude  on  Hud- 
son's river  was  at  the  mouth  of  Tappan  creek,  and  that 
a  line  from  thence  to  the  latitude  of  4V  40'  on  Dela- 
ware should  be  the  boundary  line.  In  1686,  Robinson, 


23» 


History  of  New- York. 


Wells,  and  Keith,^  surveyors  of  the  three  several  pro- 
vinces, took  two  observations,  and  found  the  latitude  of 
4r  to  be  r  and  25"  to  the  northward  of  the  Yonker's 
mills,  which  is  four  miles  and  forty-five  chains  to  the 
southward  of  the  mouth  of  Tappan  creek.  But  against 
these  observations  the  proprietors  offer  sundry  objec- 
tions, which  it  is  not  my  business  to  enumerate.  It  is 
not  pretended  by  any  of  the  litigants,  that  a  line,  ac- 
cording to  the  stations  settled  by  Dongan  and  Lawrie, 
was  actually  run  ;  so  that  the  limits  of  these  contend- 
ing provinces  must  long  have  existed  in  the  uncertain 
conjectures  of  the  inhabitants  of  both ;  and  yet  the  in- 
conveniences of  this  unsettled  state,  through  the  infancy 
of  the  coimtry,  were  very  inconsiderable.  In  the  year 
1701,  an  act  passed  in  New-York,  relating  to  elections, 
which  annexed  Wagachemeck,  and  great  and  little  Min-  ^ 
isink,  certain  settlements  near  Delaware,  to  Ulster 
county.  The  intent  of  this  law  was  to  quiet  disputes 
before  subsisting  between  the  inhabitants  of  those 
places,  whose  votes  w^ere  required  both  in  Orange  and 
Ulster.  The  natural  conclusion  from  hence,  is  that 
the  legislature  of  New- York  then  deemed  those  planta- 
tions not  included  within  the  New-Jersey  grant. 

€uch  w^as  the  state  of  this  affair  till  the  year  1717, 
when  provision  was  made  by  this  province  for  running 
the  line.  The  same  being  done  in  New-.Tersey  the  suc- 
ceeding year,  commissions  for  that  purpose,  under  tlie 
great  seals  of  the  respective  colonies,  were  issued  in 
May,  1719.  The  commissioners,  by  indenture,  dated 
the  25th  of  July,  fixed  the  north  station  point  on~  the 

*  The  same  who  left  the  qiiakers,  and  took  orders  in  the  church  of 
England.    Burnet's  hist,  of  his  own  times. 


History  of  New- York. 


231 


northermost  branch  of  Delaware,  called  the  Fish-Kill ; 
and  from  thence  a  random  line  was  run  to  Hudson's 
river,  terminating  about  five  miles  to  the  northward  of 
the  mouth  of  Tappan  creek.  In  August  the  surveyors 
of  East  Jersey  met  for  fixing  the  station  on  Hudson's 
river.  All  the  comniissioneis  not  attending,  through 
sickness^  nothing  further  was  done.  What  had  already 
been  transacted,  however,  gave  a  general  alarm  to  ma- 
ny persons  interested  in  several  patents  under  New- 
York,  w  ho  before  imagined  their  rights  extended  to  the 
southward  of  the  random  line.  The  New- York  survey- 
or afterwards  declined  proceeding  in  the  work,  com- 
plaining of  faults  in  the  instrument,  which  had  been 
used  in  fixing  the  north  station  on  Delaware.  The 
proprietors,  on  the  other  hand,  ihiuk  they  have  answer- 
ed his  objections,  and  the  matter  rested,  without  much 
contention,  till  the  year  1740.  Frequent  quarrels 
multiplying  after  that  period,  relating  to  the  rights  of 
soil  and  jurisdiction  southward  of  the  line  in  1719,  a 
probationary  act  was  passed  in  New- Jersey,  in  Febru- 
ary, 1748,  for  running  the  line  ex  partCy  if  the  province 
of  New- York  refused  to  join  in  the  work.  Our  assem- 
bly, soon  after,  directed  their  agent  to  oppose  the  king's 
confirmation  of  that  act  ;  and  it  was  accordingly  drop- 
ped, agreeably  to  the  advice  of  the  lords  gf  trade, 
whose  report  of  the  18th  of  July,  1753,  on  a  matter  of 
so  much  importance,  will  doubtless  be  acceptable  to 
the  reader. 

"  To  the  Mng^s  most  excellent  majesty : 
"  May  it  please  your  majesty^ 
"  We  have  lately  had  under  our  consideration,  an 
act  passed  in  your  majesty's  province  of  New-Jersey,  in 


232 


History  of  New- York. 


1747-8,  entitled,  an  act  for  running  and  ascertaininsi;  the 
line  of  partition  and  division  betwixt  this  province  of 
New-Jersey,  and  the  province  of  New-York, 

"  And  having  been  attended  by  Mr.  Paris,  solicitor 
in  behalf  of  the  proprietors  of  the  eastern  division  of 
New- Jersey,  with  Mr.  Hume  Campbell  and  Mr.  Hen- 
ley, his  counsel,  in  support  of  the  said  act ;  and  by  Mr. 
Charles,  agent  for  the  province  of  New- York,  with  Mn 
Forrester  and  Mr.  Pratt,  his  counsel,  against  the  said  act ; 
and  heard  what  each  party  had  to  offer  thereupon  ;  we 
beg  leave  humbly  to  represent  to  your  majesty,  that 
the  considerations  which  arise  upon  this  act  are  of  two 
sorts,  viz.  such  as  relate  to  the  principles  upon  which  it 
is  founded,  and  such  as  relate  to  the  transactions  and 
circumstances  which  accompany  it. 

"  As  to  the  first,  it  is  an  act  of  the  province  of  New^- 
Jersey  interested  in  the  determination  of  the  limits,  and 
in  the  consequential  advantages  to  arise  from  it. 

"  The  province  of  New- Jersey,  in  its  distinct  and  sep- 
arate capacity,  can  neither  make  nor  establish  bounda- 
ries :  it  can  as  little  prescribe  regulations  for  deciding 
differences  between  itself  and  other  parties  concerned 
in  interest. 

"  The  established  limits  of  its  jurisdiction  and  terri- 
tory, are  such  as  the  grants  under  which  it  claims  have 
assigned.  If  those  grants  are  doubtful,  and  differences 
arise  upon  the  constructions,  or  upon  the  matters  o1( 
them,  we  humbly  apprehend  that  there  are  but  two 
methods  of  deciding  them  :  either  by  the  concurrence 
of  all  parties  concerned  in  interest,  or  by  the  regular  and 
legal  forms  of  judicial  proceeding  :  and  it  appears  to 
us,  that  the  method  of  proceeding  must  be  derived  from 
the  immediate  authority  of  the  crown  itself,  signified  by 


History  of  New- York  2S3 

a  commission  from  your  majesty  under  the  great  seal ; 
the  commission  of  subordinate  officers  and  of  derivative 
powers  being  neither  competent  nor  adequate  to  such 
purposes  :  to  judge  otherwise  would  be,  as  we  humbly 
conceive,  to  set  up  ex  parte  determinations  and  inco 
petent  jurisdictions  in  the  place  of  justice  and  legal  au- 
thority, 

"  If  the  act  of  New- Jersey  cannot  conclude  other  par- 
ties, it  cannot  be  effectual  to  the  ends  proposed  ;  and 
that  it  would  not  be  eflectual  to  form  an  absolute  de- 
cision in  this  case,  the  legislature  of  that  province  seems 
sensible,  whilst  it  endeavours  to  leave  to  your  majesty's 
determination  the  decision  of  one  point  relative  to  this 
matter,  and  of  considerable  importance  to  it  ;  which 
power  your  majesty  cannot  derive  from  them,  without 
their  having  the  power  to  establish  the  thing  itself,  with- 
out the  assistance  of  your  majesty. 

^'  As  we  are  of  opinijn  that  the  present  act,  without 
the  concurrence  of  other  parties  concerned  in  interest, 
is  unwarrantable  and  ineffectual ;  we  shall,  in  the  next 
place,  consider  what  transactions  and  proceedings  have 
passed,  towards  obtaining  such  concurrence. 

"  The  parties  interested  are  your  majesty  and  the 
two  provinces  of  New- York  and  New-Jersey.  Your 
majesty  is  interested  with  respect  to  your  sovereignty, 
seigneurie,  and  property ;  and  the  said  provinces  with 
respect  to  their  government  and  jurisdiction. 

"  With  regard  to  the  transactions  on  the  part  of  New- 
York,  we  beg  leave  to  observe,  that  whatever  agree- 
ments have  been  made  formerly  between  the  two  provin- 
ces for  settling  their  boundaries ;  whatever  acts  of  assem- 
bly have  passed,  and  whatever  commissions  have  been 
issued  by  the  respective  governoiurs  and  governments ; 

30 


234 


History  of  Ncrv-Yorh 


the  proceeclings  under  them  have  never  been  perfected, 
the  work  h  mains  unfinished,  and  the  disputes  between 
the  two  provinces  subsist  with  as  much  contradiction  as 
ever  ;  but  there  is  a  circumstance  that  appears  to  us  to 
have  still  more  weight,  namely,  that  tliose  transactions 
were  never  properly  warranted  on  the  part  of  the  crown ; 
the  crown  never  participated  in  them,  and,  therefore* 
cannot  be  bound  with  respect  to  its  interests  by  pro- 
ceedings so  authorised. 

"  The  interest  which  your  majesty  has  in  the  deter- 
mination of  this  boundary,  may  be  considered  in  three 
lights :  either  as  interests  of  sovereignty,  respecting 
mere  government ;  of  seigneurie,  which  respect  es- 
cheats, and  quilrents ;  or  of  property,  as  relative  to  the 
soil  itself ;  which  last  interest  takes  place  in  such  cases 
where  either  ycur  majesty  has  never  made  any  grants 
of  the  soil,  or  w  here  such  grants  have,  by  escheats,  re- 
verted to  your  niajesty. 

With  regard  to  the  first  of  these  interests,  viz.  that 
of  sovereignty,  it  has  been  alledged  to  us  in  support  of 
the  act,  that  it  is  not  materiall)^  afiected  by  the  question, 
as  both  provinces  are  under  your  majesty's  immediate 
direction  and  government  :  but  they  stand  in  a  very  dif- 
ferent light  with  respect  to  your  majesty's  intert  st  in 
the  quitrents  and  escheats  ;  in  both  which  articles  the 
situation  of  the  two  provinces  appears  to  us  to  make  a 
very  material  alteration  :  for  although  the  province  of 
ISew-.lersey  is  not  under  regulations  of  propriety  or 
chaiti  r  with  respect  to  its  government,  yet  it  is  a  pro- 
prietary province  vt  ith  respect  to  the  grant  and  tenure 
of  its  territory,  and  consequently  as  INew-York  is  not 
in  that  prerlicament,  the  determination  of  the  boundary 
in  prejuaice  to  tliat  province,  will  affect  your  majesty  *s 


History  oj  New-York. 


235 


interest  with  respect  to  the  tenure  of  such  lands  as  are 
concerned  in  this  question  :  it  being  evident,  that  what- 
ever districts  are  supposed  to  be  included  iii  the  li  nits 
of  New- Jersey,  will  immediately  pass  to  the  proprietors 
of  that  province,  and  be  held  of  them,  by  which  means 
your  majesty  would  be  deprived  of  your  escheats,  and 
the  quitrents  would  pass  into  other  hands. 

"  To  obviate  this  objection,  it  has  been  alledged,  that 
the  crown  has  already  made  absolute  grants  of  the  whole 
territory  that  can  possibly  come  in  question  under  tt  e 
denomination  of  this  boundary,  and  reserved  only  tri- 
fling and  inconsiderable  quitrents  on  those  grants.  But 
this  argument  does  not  seem  to  us  to  be  conclusive, 
since  it  admits  an  interest  in  your  majesty,  the  greatness 
or  smallness  of  whic  h  is  merely  accidental  ;  and  there- 
fore does  not  affect  the  essence  of  the  question  :  and 
we  beg  leave  to  observe,  that  in  the  case  of  exorbitant 
grants  with  inconsiderable  quitrents  ;  and  where,  conse- 
quently, it  may  reasonably  be  supposed,  that  the  crown 
has  been  deceived  in  such  grants  by  its  officers  ;  your 
ma  jesty's  contingent  right  of  property  in  virtue  of  your 
seigneurie,  seems  rather  to  be  enlarged  than  dLninish- 
ed. 

"  This  being  the  case,  it  appears  to  us,  that  gover- 
nour  Hunter  ought  not  to  have  issued  his  commission 
for  running  the  line  above  mentioned,  without  having 
previously  received  the  royal  direction  and  instruction 
for  that  purpose  ;  and  that  a  commission  issued  without 
such  authority,  can  be  considered,  with  respect  to  the 
interests  of  the  crown,  in  no  other  light  than  as  a 
mere  nullity :  and  even  with  respect  to  New-York,  we 
observe,  that  the  said  com^nission  is  questionable,  as  it 
l^oes  not  follow  the  directions  of  the  above  mentioned 


236 


History  of  New-York. 


act,  passed  in  1717,  which  declares  that  the  commission 
to  be  issued,  shall  be  granted  under  the  joint  authority 
of  the  governour  and  council  of  that  province. 

"  But  it  has  been  further  urged  that  the  crown  has 
since  confirmed  these  transactions,  either  by  previous 
declarations,  or  by  subsequent  acquiescence,  and  con- 
sequently participated  in  them,  so  far  as  to  conclude 
itself :  we  shall  therefore,  in  the  next  place,  beg  leave 
to  consider  the  circumstances  urged  for  this  purpose. 

"  It  has  been  alledged  that  the  crown,  by  giving  con- 
gent  to  the  aforesaid  act,  passed  in  New-York,  in  I7i7, 
for  paying  and  discharging  several  debts  due  from  that 
colony,  &c.  concluded  and  bound  itself  with  respect  to 
the  subsequent  proceedings  had  under  the  commission 
issued  by  governour  Hunter  :  but  the  view  and  purport 
of  that  act  appears  to  us  so  entire,  and  so  distinctly 
formed  for  the  purpose  of  raising  money  and  establish- 
ing funds — so  various  and  so  distinct  from  any  conside- 
Tation  of  the  disputes  subsisting  in  the  two  provinces, 
with  respect  to  the  boundaries — that  we  cannot  con- 
ceive a  single  clause,  in  so  long  and  so  intricate  an  act, 
can  be  a  sufficient  foundation  to  warrant  the  proceed- 
ings of  governour  Hunter  subsequent  to  it,  without  a 
special  authority  from  the  crown  for  that  purpose  :  and 
there  is  the  more  reason  to  be  of  this  opinion,  as  the 
crown,  by  giving  its  assent  to  that  act,  can  be  constru- 
ed to  have  assented  only  to  the  levying  money  for  a 
future  purpose ;  which  purpose  could  not  be  effected 
by  any  commission,  but  from  itself ;  and,  therefore,  can 
never  be  supposed  to  have,  thereby,  approved  a  com- 
niission  from  another  authority,  which  was  at  that  time 
already  issued,  and  carrying  in  execution,  previous  to 
^Uch  assent, 


History  of  Netv-YorJc. 


237 


"  We  further  beg  leave  humbly  to  represent  to  your 
majesty,  tiiat  tlie  line  of  partition  and  division  between 
your  Qiajesty's  province  of  T^ew-York  and  colony  of 
Connecticut,  having  been  run  and  ascertained,  pursu- 
ant to  the  directions  of  an  act,  passed  at  New-York, 
for  that  purpose,  in  the  year  1719,  and  confirmed  by 
his  late  majesty,  in  1723  ;  the  transactions  between  the 
said  province  and  colony,  upon  that  occasion,  have 
been  ailedged  to  be  similar  to,  and  urged  as  a  prece- 
dent, and  even  as  an  approbation,  of  the  matter  now  in 
question  :  but  we  are  humbly  of  opinion,  that  the  two 
cases  are  materially  and  essentially  different.  The  act 
passed  in  New-York,  in  1719,  for  running  and  ascer- 
taining the  lines  of  partition  and  division  between  that 
colony  and  the  colony  of  Connecticut,  recites,  that  in 
the  year  1683,  the  governour  and  council  of  New- York, 
and  the  governour  and  commissioners  of  Connecticut, 
did,  in  council,  conclude  an  agreement  concerning  the 
boundaries  of  the  two  provinces  ;  that,  in  consequence 
of  this  agreement,  commissioners  and  surveyors  were 
appointed  on  the  part  of  each  government,  who  did  ac- 
tually agree,  determine,  and  ascertain  the  lines  of  par- 
tition ;  marked  out  a  certain  part  of  them,  and  fixed 
the  point  from  whence  the  remaining  part  should 
be  I'un  :  that  the  several  things  agreed  on  and  done  by 
the  said  commissioners,  were  ratified  by  the  respective 
governours — entered  on  record  in  each  colony,  in 
March,  1700 — approved  and  confirmed  by  order  of 
king  William  the  third,  in  his  privy  council — and  by 
his  said  majesty's  letter  to  his  governour  of  New- York, 
From  this  recital  it  appears  to  us  that  those  transac- 
tions were  not  only  carried  on  with  the  participation, 
but  confirmed  by  the  express  act  and  authority  of  the 


238 


History  of  New-York. 


crown and  that  confirmation  made  the  foundation  of 
the  act,  passed  by  New-York,  for  settling  the  bouiida- 
ries  between  t  he  two  provinces  ;  of  all  which  authority 
and  foundation,  the  act,  we  now  lay  before  your  m  yes- 
ty,  appears  to  us  to  be  entirely  destitute. 

"  Upon  the  whole,  as  it  appears  to  us,  that  the  act  in 
question  cannot  be  effectual  to  the  ends  proposed — 
that  your  majesty's  interest  may  be  materially  affected 
by  it — and  that  the  proceedings  on  which  it  is  founded, 
were  not  warranted  in  the  first  -instance  by  the  proper 
authority,  but  carried  on  without  the  participation  of 
the  crown  ;  we  cannot  think  it  advisafde  to  lay  this 
act  before  your  majesty,  as  fit  to  leceive  ^our  royal 
approbation. 

"  W  hich  is  most  humbly  submitted, 

"  Dunk  Halifax. 
"  J.  Grenville, 
"  .lames  Oswald, 
Andrew  Stone.- 

Yv  hitehall,  July  18,  1753.^' 


HISTORY  OF  NEW-YORK, 


PART  y. 

From  the  year  1720,  to  the  "^commencement  of  the  Ad- 
ministration of  Colonel  Cosby. 


William  burnet,  esq.  took  upon  liiiii  the  ^* 
vernment  of  this  provmce,  on  the  17th  of  September, 
1720.    The  council,  named  in  his  instructions,  were 
Colonel  Schuyl  r,  Mr.  Barbarie, 

Colonel  De  Peyster,         Mr.  Philipse, 
Captain  Walter,  Mr.  Byerly, 

Colonel  Beekman,  Mr.  Clarke, 

Mr.  Van  Dam,  Dr.  Johnson, 

Colonel  Heathcote,  Mr.  Harison. 

Mr.  Burnet  was  a  son  of  the  celebrated  bishop  of  that 
name,  whose  piety  and  erudition,  but  especially  his  zeal 
and  activity  for  the  glorious  revolution  and  protestant 
succession,  will  embalm  his  memory  to  the  most  distant 
ages.  The  governour  was  a  man  of  sense  and  polite 
breeding,  a  well  read  scholar,  sprightly,  and  of  a  social 
disposititm.  Being  devoted  to  his  books,  he  abstained 
from  all  those  excesses  into  which  his  pleasurable  relish 
would  otherwise  have  plunged  him.  He  studied  the  arts 
of  recommending  himself  to  the  people,  had  nothing  of 
the  moroseness  of  a  scholar,  was  gay  and  condescending, 
affected  no  pomp,  but  visited  every  family  of  reputa- 
tion, and  often  diverted  himself  in  free  converse  with 


240 


History  of  New-York. 


the  ladies,  by  whom  he  was  very  much  admh^ed.  No 
governour,  before  him,  did  so  much  business  in  chan- 
cery. The  office  of  chancellor  was  his  delij^lit.  ile 
made  a  tolerable  figure  in  the  exercise  of  it,  though  he 
was  no  lawyer,  and  had  a  foible  very  unsuitable  for  a 
judge,  I  mean  his  resolving  too  speedily  ;  for  he  used  to 
say  of  himself,  "  I  act  first,  and  think  afterwards/'  He 
spoke  however  always  sensibly,  and  by  his  great  reading 
was  able  to  make  a  literary  parade. — As  to  his  fortune 
it  was  very  inconsiderable,  for  he  suffered  much  in  the 
South  Sea  scheme.  While  in  England,  he  had  the  of- 
fice of  comptroller  of  the  customs  at  London,  which  he 
resigned  to  brigadier  Hunter,  as  the  latter,  in  his  favour, 
did  the  government  of  this  and  the  colony  of  New- Jer- 
sey. Mr.  Burnet's  acquaintance  with  that  gentleman 
gave  him  a  fine  op{)ortunity,  before  his  arrival,  to  ob- 
tain good  intelligence  both  of  persons  and  things.  The 
brigadier  recommended  all  his  old  friends  to  the  favour 
of  his  successor,  and  hence  we  find  that  he  made  few 
changes  amongst  them.^  Mr.  Morris,  the  chief  justice^ 
was  his  principal  confidant.  Dr.  Golden  and  Mr.  Alex- 
ander, two  Scotch  gentlemen,  had  the  next  place  in  his 
esteem.  He  shewed  his  wisdom  in  that  choice,  for  they 
were  both  men  of  learning,  good  morals,  and  solid 
parts.  The  former  was  well  acquainted  with  the  af- 
fairs of  the  province,  and  particularly  those  which  con- 
cerned the  French  in  Canada  and  our  Indian  allies.  The 
latter  was  bred  to  the  law ;  and,  though  no  speaker,  at 

*  Colonel  Schuyler  and  Mr.  Philipse  were,  indeed,  removed  from 
the  council  board,  by  his  representations ;  and  their  opposing,  in  coun- 
cil, the  continuance  of  the  assembly,  after  his  arrival,  was  the  cause 
of  it. 


History  of  New-York.  241 


the  head  of  his  profession  for  sagjacity  and  penetration; 
and  in  application  to  business  no  man  could  surpass 
him.  Nor  was  he  unacquainted  with  the  aflfairs  of  the 
publick,  having  served  in  the  secretary's  office,  the  best 
school  in  the  province,  for  instruction  in  matters  of  go- 
vernment ;  because  the  secretary  enjoys  a  plurality  of 
offices,  conversant  with  the  first  springs  of  our  provin- 
cial economy.  Both  those  gentlemen  Mr.  Burnet  soon 
raised  to  the  council  board,  as  he  also  did  Mri  Morris, 
jun.  Mr.,  Yan  Horn,  whose  daughter  he  married,  and 
Mr.  Kennedy,  who  succeeded  Byerly,  both  at  the  coun- 
cil board,  and  in  the  office  of  receiver  general. 

Of  all  our  governours  none  had  such  extensive  and 
just  views  of  our  Indian  aifairs,  and  the  dangerous  neigh- 
bourhood of  the  French,  as  governour  Burnet,  in  which 
Mr.  Livingston  was  his  principal  assistant.  His  atten- 
tion to  these  matters  appeared  at  the  very  commence- 
ment of  his  administration,  for  in  his  first  speech  to  the 
assembly,  the  very  fall  after  his  artival,  he  laboured  to 
implant  the  same  sentiments  in  the  breasts  of  the  mem- 
bers ;  endeavouring  to  alarm  their  fears,  by  the  daily  ad- 
vances of  the  French,  their  possessing  the  main  passes^ 
.seducing  our  Indian  allies,  and  increasing  their  new  set- 
tlements in  Louisania. 

Chief  justice  Morris,  whose  influence  was  very  great 
in  the  house,  drew  the  address  in  answer  to  the  gover- 
nour's  speech,  which  contained  a  passage  manifesting 
the  confidence  they  reposed  in  hhn.  "  We  believe  that 
the  son  of  that  worthy  prelate,  so  eminently  instrumen- 
tal under  our  glorious  monarch,  William  the  third,  in 
delivering  us  from  arbitrary  power,  and  its  concomit  uits, 
popery,  superstition,  and  slavery  ;  has  been  educated 
in,  and  possesses,  those  principles,  that  so  justly  recomr 

31 


242 


History  of  New-York. 


mended  his  father  to  the  council  and  confidence  of  pro- 
tectant princes  ;  and  succeeds  our  former  governour, 
not  only  in  power,  but  inclination,  to  do  us  good.'^ 

From  an  assembly,  impressed  with  such  favourable 
sentiments,  his  excellency  had  the  highest  reason  to  ex- 
pect a  submissive  compliance  with  every  thing  recom- 
mended to  the ir  notice.  The  publick  business  proceed- 
ed >^  ith')ut  suspicion  or  jealousy,  an  1  nothing  intervened 
to  (iisiurbthe  tranquility  of  the  political  state.  Among 
the  most  remarkable  acts,  passed  at  this  session,  w^e  may 
reckon  that  for  a  five  years  support ;  another  for  lay- 
ing a  duty  of  two  per  cent,  prime  cost,  on  the  importa- 
tion of  European  goods,  which  was  soon  after  repealed 
hy  the  king  ;  and  a  third,  for  prohibiting  the  sale  of  In- 
dian goods  to  the  French.  The  last  of  these  was  a  fa- 
V(  urite  act  of  the  governour's  and  though  a  law  very  ad- 
vantageous to  the  province,  became  the  source  of  an 
unreasonable  opposition  against  hia),  which  continued 
through  his  whole  administration.  From  the  conclusion 
of  the  peace  of  Utrecht,  a  great  trade  was  carried  on  be- 
tween Albany  and  Canada,  for  goods  saleable  among 
the  Indians.  The  chiefs  of  the  confederates  wisely  fore- 
saw its  ill  consequences,  and  complained  of  it  to  the 
commissioners  of  Indian  affairs,^  who  wrote  to  Mr.  Hun- 

*  The  i2:overnour's  residing  at  New- York,  rendered  it  necessary  that 
come  person  should  be  commissioned,  at  Albany,  to  receive  intelligence 
froui  the  Indians,  and  treat  with  them  upon  emergencies.  This  gave 
rise  to  the  office  of  commissioners  of  Indian  affairs,  who,  in  general, 
transact  all  such  matters  as  might  be  done  by  the  governour.  They 
receive  no  salaiies,  but  considerable  sums  are  deposited  in  their  hands 
for  occasional  presents.  There  are  regular  minutes  of  their  transac- 
tions from  the  year  ll>75.  These  were  in  separate  quires,  till  Mr. 
Alexander,  who  borrowed  them  for  his  perusal,  in  J  7515  had  thera 


History  oj  NeW'York* 


243 


ter,  acquainting  him  of  their  dissatisfaction.  The  letter 
was  laid  before  the  house,  but  no  effectual  step  tak:  a 
to  prevent  the  mischief,  till  the  passing  of  this  act,  v^hlch 
subjected  the  traders  to  a  forfeiture  of  the  eflects  s  >]  J, 
and  the  penalty  of  lOOZ.  Mr.  Burnet's  scheme  was  to 
draw  the  Indian  trade  into  our  own  hands  ;  to  obstruct 
the  communication  of  the  French  with  our  allies,  which 
gave  tliem  frequent  opportunities  of  seducing  them  from 
their  fidelity  ;  and  to  regain  the  Caghnuagas,  who  be- 
came interested  in  their  disaffection,  by  being  the  car- 
rir^rs  between  Albany  and  Montreal.  Among  those  who 
were  more  immediately  prejudiced  by  this  new  regula- 
tion, the  importers  of  those  goods,  from  Europe,  were 
the  chief;  and  hence  the  spring  of  their  opposition  to 
the  governour. 

All  possible  arts  were  used,  both  here  and  at  home, 
to  preserve  the  good  temper  of  the  assembly.  Briga- 
dier tlunter  gave  the  ministry  such  favourable  account^ 
of  the  members,  that  colonel  Schuyler,  during  his  presi- 
dentship, had  orders  from  Mr.  secretary  Craggs,  neither 
to  dissolve  them  himself,  nor  permit  them  to  be  dissolv- 
ed ;  and  at  the  spring  session,  in  the  year  1721,  Mr. 
Burnet  informed  them  that  his  continuance  of  them 

bound  up  in  four  large  volumes  In  folio.  Here  all  our  Indian  treaties- 
are  entered.  The  books  are  kept  by  a  secretary,  comrrdssioned  in 
England,  whose  appointment  is  an  annual  salary  of  one  hundred  pounds 
proclamation  out  of  the  quitrents.  The  commandant  at  Oswego  is 
generally  a  commissioner.  The  office  would  probably  have  been 
more  advantageous  than  it  has  been,  if  the  commissioners  were  not  trad- 
ers themselves,  than  which  nothing  is  more  ignoble  in  the  judgment  of 
the  Indians.  Sir  William  Johnson  is  at  present  the  sole  commissioner, 
and,  within  nine  months  after  the  arrival  of  general  Braddock,  received 
lOjOOOl.  sterling  to  securq  the  Indian  interest. 


344  History  of  New- York. 

was  highly  approved  at  home.  Horatio  Walpole,  the 
auditor  general,  who  had  appointed  Mr.  Clarke  for  his 
deputy,  thought  this  a  favourable  conjuncture  for  pro- 
curing five  per  cent,  out  of  the  treasury.  But  the  house 
were  averse  to  his  application,  and,  on  the  2d  of  June, 
Abraham  De  Peyster,  jun.  was  appointed  treasurer  by 
the  speaker's  warrant,  with  the  consent  of  the  governour, 
in  the  room  of  his  father,  who  was  infirm ;  upon  which 
he  entered  into  a  recognizance  of  5000Z.  to  the  king,  be- 
fore a  judge  of  the  supreme  court,  for  the  faithful  exe- 
cution of  his  trust,  which  was  lodged  in  the  secretary's 
office.  The  house,  at  the  same  time,  in  an  address,  de- 
clared their  willingness  that  the  treasurer  should  ac- 
count ;  but  utterly  refused  to  admit  of  any  draughts  up- 
on the  treasury,  for  the  auditor  general,  who  was  con- 
strained to  depend  entirely  upon  the  revenue,  out  of 
which  he  received  about  200Z.  per  annum. 

Mr,  Burnet  being  well  acquainted  with  the  geography 
of  the  country,  wisely  concluded  that  it  was,  to  the 
last  degree,  necessary  to  get  the  command  of  the  great 
lake  Ontario  as  well  for  the  benefit  of  the  trade,  and 
the  security  of  the  friendship  of  the  Five  Nations,  as  to 
fiustrate  the  French  designs  of  confining  the  English 
colonies  to  narrow  limits,  along  the  sea  coast,  by  a  chain 
of  forts  on  the  great  passes  from  Canada  to  Louisania. 
Towards  the  subversion  of  this  scheme,  he  began  thq 
erection  of  a  trading  house  at  Oswego,  in  the  country 
of  the  Senecas,  in  1722  ;  and  recommended  a  provision 
for  the  residence  of  trusty  persons  among  them,  and  the 
Onondagas,  which  last  possess  the  centre  of  the  five 
cantons.  This  year  was  remarkable  for  a  congress  of 
several  governours  and  commissioners,  on  the  renewal 
if)f  ^h^  ancient  friendship  with  the  Indians  at  Albany, 


History  of  Nerv-Yorh 


245 


Mr.  Burnet  prevailed  upon  them  to  send  a  message  to 
threaten  the  eastern  Indians  with  a  war,  unless  they 
concluded  a  peace  with  the  English,  who  were  very 
much  harrassed  by  their  frequent  iiruptions.  On  the  20th 
of  May,  in  the  year  following,  the  confederates  were 
augmented  by  their  reception  of  above  eighty  Nica- 
riagas,  besides  women  and  children,  as  they  had  been 
formerly,  by  the  addition  of  the  Tuscaroras.  The  coun- 
try of  the  Nicariagas  was  on  the  north  side  Messilima- 
kinac,  but  the  Tuscaroras  posse^sed  a  tract  of  land  near 
the  sources  of  James's  river,  in  Virginia,  from  w^hence 
the  encroachments  of  the  English  induced  them  to  re- 
move, and  settle  near  the  south  east  end  of  the  Oneyda 
lake. 

The  strict  union  subsisting  between  the  several 
branches  of  the  legislature,  gave  a  handle  to  Mr.  Bur- 
net's enemies  to  excite  a  clamour  against  him.  Jea- 
lousies were  industriously  sown  in  the  breasts  of  the 
people.  The  continuance  of  an  assembly,  after  the  ac- 
cession of  a  new  governour,  was  represented  as  an  anti 
constitutional  project  :  and  though  the  affairs  of  the 
publick  were  conducted  with  wisdom  and  spirit, 
many  were  so  much  imposed  upon,  that  a  rupture 
between  the  governour  and  the  assembly  was  thought 
to  be  absolutely  necessary  for  the  weal  and  safety 
of  the  community.  But  this  was  not  the  only  stra- 
tagem of  those  who  were  disaffected  by  the  prohibition 
of  the  French  trade.  The  London  merchants  were  in- 
duced to  petition  the  king  for  an  order  to  his  gover- 
nour, prohibiting  the  revival  of  the  act  made  against  it, 
or  the  passing  any  new  law  of  that  tendency.  The  pe- 
tition was  referred  to  the  board  of  trade,  and  backed 
before  their  lordships,  w^ith  suggestions  of  the  most  no- 
torious falsehoods.    The  lords  of  trade  prudently  ad- 


24& 


History  of  New- York. 


Tjsed  that  no  such  directions  should  be  sent  to  Mr. 
Burnet,  till  he  had  an  opportunity  of  answerin^^  the  ob- 
jections agaiiist  the  ^ct.  They  were  accordingly  sent 
over  to  him,  and  he  laid  them  before  his  council.  Dr* 
Colden  and  Mr.  Alexander  exerted  themselves  in 
a  memorable  report  in  answer  to  them,  which  drew  up- 
on them  the  resentment  of  several  merchants  here,  who 
bad  first  excited  the  London  petition,  and  laid  the  foun- 
dation for  a  variance  between  their  families,  which  has 
manifested  itself  on  many  occasions.  In  justice  to  Mr. 
Burnet's  memory,  and  to  show  the  propriety  of  his 
measures  for  obstructing  the  French  trade,  I  cannot  re- 
frain the  republication  of  the  council's  report  at  full 
length. 

"  Mai/  it  please  your  excellency, 

^  In  obedience  to  your  excellency's  commands,  in 
council,  the  29th  of  October,  referring  to  us  a  petition 
of  several  merchants  in  London,  presented  to  the  king's 
niost  excellent  majesty,  against  renewing  an  act  passed 
in  this  province,  entitled,  "  an  act  for  encouragement  of 
the  Indian  trade,  and  rendering  it  more  elfectual  to  the 
inhabitants  of  this  province,  and  for  prohibiting  the 
selling  of  Indian  goods  to  the  French  :"  as  likewise  the 
several  allegations  of  the  said  merchants  before  the 
right  honourable  the  lords  of  trade  and  plantations,  we 
beg  leave  to  make  the  following  remarks, 

"  In  order  to  make  our  observations  the  more  dis- 
tinct and  clear,  we  shall  gather  together  the  several 
assertions  of  the  said  merchants,  both  in  their  petition, 
and  delivered  verbally  before  the  lords  of  trade,  as  to 
the  situation  of  this  province,  with  respect  to  the 
French  and  Indian  nations ;  and  observe  on  them,  in 
the  first  place,  they  being  the  foundation  on  which  all 
their  other  allegations  are  grounded^   Afterwards  wa 


/ 


History  of  New- York.  247 

^shall  lay  before  your  excellency  what  we  think  neces- 
sary to  observe  on  the  other  parts  of  the  said  petition, 
in  the  order  they  are  in  the  petition,  or  in  the  report  of 
the  lords  of  trade. 

^  In  their  geographical  accounts  they  say,  "  besides 
the  nations  of  Indians  that  are  in  the  English  interest, 
there  are  very  many  nations  of  Indians  who  are  at  pre- 
sent in  the  interest  of  the  French,  and  who  lie  between 
New- York  and  the  nations  of  Indians  in  the  English 
interest.  The  French  and  their  Indians  would  not  per- 
mit the  English  Indians  to  pass  over  by  their  forts." 
The  said  act  "  restrains  them,  (the  Five  Nations)  from 
a  free  commerce  with  the  inliabitants  of  New-York.'* 

"  The  Five  Indian  Nations  are  settled  upon  the 
banks  of  the  river  St.  Lawrence,  directly  opposite  to 
Quebec,  two  or  three  hundred  leagues  distant  from  the 
nearest  British  settlements  in  New- York." 

"  They  (the  Five  Nations  of  Indians)  were  two  or 
three  hundred  leagues  distant  from  Albany  ;  and  that 
they  could  not  come  to  trade  with  the  English,  but  ?iy 
going  down  the  river  St.  Lawrence,  and  from  thence 
through  a  lake,  which  brought  them  witiiin  eighteen 
leagues  of  Albany." 

'  These  things  the  merchants  have  thought  it  safe  for 
them,  and  consistent  with  their  duty  to  his  sacred  ma- 
jesty, to  say  in  his  majesty's  presence,  and  to  repeat 
them  afterwards  before  the  right  honourable  the  lordg 
pf  trade,  though  nothing  can  be  more  directly  contra- 
ry to  the  truth.  For  there  are  no  nations  of  Indians 
between  New- York  and  the  nations  of  Indians  in  the 
English  interest,  who  are  now  six  in  number,  by  the  ad- 
dition of  th^  Tuscaroras.    Th^  iylohawk*  (caLied  An^, 


248 


History  of  New-York. 


nies^by  the  French)  one  of  the  Five  Nations,  live  on 
the  south  side  of  a  branch  of  Hudson's  river,  (not  on  the 
north  side,  as  they  are  placed  in  the  French  maps)  and 
but  forty  miles  directly  west  from  Albany,  and  within 
the  English  settlements  ;  some  of  the  English  farms,  up- 
on the  same  river,  being  thirty  miles  further  west.  The 
Oneydas  (the  next  of  the  Fiv  e  Nations)  lie  likewise  west 
from  Albany,  near  the  head  of  Uie  Mohawks'  river, 
about  one  hundred  miles  from  Albany.    The  Ononda- 
gas  lie  about  one  hundred  and  thirty  miles  west  from 
Albany  ;  and  the  Tuscaroras  live  partly  with  the  Oney- 
das, and  partly  with  the  Onondagas.f  The  Cayugas  are 
about  one  hundred  and  sixty  miles  from  Albany ;  and 
the  Senecas,  (the  furthest  of  all  these  nations,)  are  not 
above  two  hundred  and  forty  miles  from  Albany,  as 
may  appear  from  Mr,  De  L'Isle's  map  of  Louisania, 
who  lays  down  the  Five  Nations  under  the  name  of  Iro- 
quois :  and  goods  are  daily  carried,  from  this  province, 
to  the  Senecas,  as  well  as  to  those  nations  that  lie  near- 
er, by  water,  all  the  way,  except  three  miles  (or,  in  the 
dry  seasons,  five  miles)  where  the  traders  carry  over 
land  between  the  Mohawks'  river  and  the  Wood  creek, 
which  runs  into  the  Oneydas'  lake,  without  going  near 
either  St.  Lawrence  river,  or  any  of  the  lakes  upon 
which  the  French  pass,  which  are  entirely  out  of  their 
way. 

'  The  nearest  French  forts  or  settlements  to  Albany, 
are  Chambly  and  Montreal,  both  of  them  lying  about 
north  and  by  east  from  Albany,  and  are  near  two  hun- 
dred miles  distant  from  it.  Quebec  lies  about  three 
hundred  and  eighty  miles  northeast  from  Albany.  So 


*  Agnies. 


f  De  L'Isle. 


liistory  of  New-York. 


249 


far  is  it  from  being  true  that  the  Five  Nations  are  situ- 
ated upon  the  banks  of  the  river  St.  Lawrence,  oppo- 
site to  Quebec,  that  Albany  lies  almost  directly  be- 
tween Quebec  and  the  Five  Nations.  And  to  say  that 
these  Indians  cannot  come  to  trade  at  Albany,  but  by 
going  down  the  river  St.  Lawrence,  and  then  into  a  lake 
eighteen  leagues  from  Albany  (we  suppose  they  mean 
lake  Champlain)  passing  by  the  French  forts,  is  to  the 
same  purpose  as  if  they  should  say,  that  one  cannot  go 
from  London  to  Bristol,  but  by  way  of  Edinburgh. 

'  Before  we  go  on  to  observe  other  particulars,  we 
beg  leave  further  to  remark,  that  it  is  so  far  from  being 
true,  that  the  Indians  in  the  French  interest,  lie  between 
New-York  and  our  Five  Nations  of  Indians  ;  that  some 
of  our  nations  of  Indians  lie  between  the  French  and 
the  Indians,  from  whence  the  French  bring  the  far 
greatest  quantity  of  their  furs  :  for  the  Senecas  (whom 
the  French  call  Sonontouons  are  situated  between 
lake  Erie  and  Cadaracqui  lake,  (called  by  the  French, 
Ontario)  near  the  great  fall  of  Iagara,t  by  which  all  the 
Indians  that  live  round  lake  Erie,  round  the  lake  of  the 
Hurons,  round  the  lake  of  the  Illinois,  or  Michegan^ 
and  round  the  great  upper  lake,  generally  pass  in  their 
way  to  Canada.  All  the  Indians  situated  upon  the 
branches  of  the  Missisippi,  must  likewise  pass  by  the 
same  place,  if  they  go  to  Canada.  And  all  of  them  like- 
wise, in  their  way  to  Canada,  pass  by  our  trading  place 
upon  the  Cadaracqui  lake,  at  the  mouth  of  the  Ononda- 
ga river.  The  nearest  and  safest  way  of  carrying  goods 
upon  the  Cadaracqui  lake,  towards  Canada,  being  along 

^  Isonnontouans* 

T  Sometimes  Oniagara,  Ochniagara,  but  commonly  I^iagara. 

32 


250 


History  of  New-York. 


the  south  side  of  that  lake,  (near  where  our  Indians  are 
settled,  and  our  trade  of  late  is  fixed)  and  not  by  the 
rorth  side  and  Cadaracqui,  or  Frontenac  fort,  where  the 
French  are  settled. 

'  Now  that  we  have  represented  to  your  excellency 
that  not  one  word  of  the  geography  of  these  merchants 
is  true,  upon  which  all  their  reasoning  is  founded  ;  it 
might  seem  needless  to  trouble  your  excellency  with 
any  further  remarks,  were  it  not  to  show  with  what 
earnestness  they  are  promoting  the  French  interest,  to 
the  prejudice  of  all  his  majesty's  colonies  in  JNorth 
America,  and  that  ihey  are  not  ashamed  of  asserting  any 
thing  for  that  end,  even  in  the  royal  presence. 

'  First  they  say,  "  that  by  the  act  passed  in  this  pro- 
vince, entitled,  an  act  for  the  encouragement  of  the  In- 
dian trade,  &c.  all  trade  whatsoever  is  prohibited  in 
the  strictest  manner,  and  under  Ihe  severest  penalties, 
between  the  inhabitants  of  New-York  government,  and 
the  French  of  Canada." 

*  This  is  not  true  ;  for  only  carrying  goods  to  the 
French,  which  are  proper  for  the  Indian  trade,  is  pro- 
hit>ited.  I'he  trade,  as  to  other  things,  is  left  in  the 
same  state  it  was  before  that  act  was  made,  as  it  will  ap- 
pear to  any  person  that  shall  read  it  :  and  there  are, 
yearly,  large  quantities  of  other  goods,  openly,  carried 
to  Canada,  without  any  hindrance  from  the  government 
of  New-York.  Whatever  may  be  said  of  the  severity 
and  penaltii  s  in  that  act,  they  are  found  insufficient  to 
deter  some  from  carrying  goods  clandestinely  to  the 
French  ;  and  the  legislature  of  this  province  are  convinc- 
ed that  no  penahies  can  be  too  severe  to  prevent  a 
trade,  v  hich  puts  the  safety  of  al!  his  majesty's  subjects 
Qf  North  America  in  the  greatest  danger. 


History  of  New-  York.  251 


^  Their  next  assertion  is,  "  all  the  Indian  goods  have 
by  this  act  been  raised  25/.  to  30/.  per  cent."  This  is 
the  only  allegation  in  the  whole  petition  that  there  is 
any  ground  for.  Nevertheless,  though  tlie  common  chan- 
nel of  trade  cannot  be  altered  without  some  detriment 
to  it  in  the  beginning  ;  we  are  assured  from  the  custom 
house  books,  that  there  has  been  every  year,  since  the 
passing  of  this  act,  more  furs  exported  from  New- York, 
than  in  the  year  immediately  before  the  passing  of  this 
act.  It  is  not  probable  that  the  greatest  difference  be- 
tween the  exportation,  any  year  before  this  act,  and  any 
year  since,  could  so  much  alter  the  price  of  beaver,  as 
^  it  is  found  to  be  this  last  year.  Beaver  is  carried  to  Bri- 
tain from  other  parts  besides  New-York,  and  it  is  cer- 
tain that  the  price  of  beaver  is  not  so  much  altered  here 
by  the  quantity  in  our  market,  as  by  the  demand  for  it 
in  Britain.  But  as  we  cannot  be  so  well  informed  here, 
what  occasions  beaver  to  be  in  greater  demand  in  Bri- 
tain, we  must  leave  that  to  be  enquired  after  in  England. 
However,  we  are  fully  satisfied  that  it  will  be  found  to 
be  for  very  different  reasons  from  what  the  merchants 
alledge. 

'  The  merchants  go  on  and  say,  "  whereas,  on  the 
other  hand,  this  branch  of  the  New- York  trade,  by  the 
discouragements  brought  upon  it  by  this  act,  is  aLnost 
wholly  engrossed  by  the  French,  who  have  already,  by 
this  act,  been  encouraged  to  send  proper  European 
goods  to  Canada,  to  carry  on  this  trade,  so  that  should 
this  act  be  continued,  the  New- York  trade,  which  is 
very  considerable,  must  be  wholly  lost  to  us,  and  cen- 
tre in  tlie  French. — Though  New-York  should  not  fur- 
nish them,  the  French  would  find  another  way  ti>  be 
supplied  therewith,  eiiherfrora  some  othei  Oxhi©  majes- 


252 


History  of  New-York. 


ty's  plantations,  or  it  might  be  directly  from  Europe. — 
Many  of  the  goods,  which  the  Indians  want,  being  as 
•easy  to  be  had  directly  from  France  or  Holland,  as 
from  Great  Britain.'' 

'  This  is  easily  answered,  by  informing  your  excel- 
lency that  the  principal  of  the  goods  proper  for  the  In- 
dian market,  are  only  of  the  manufactures  of  Great  Bri- 
tain, or  of  the  British  plantations,  viz.  strouds,  or  stroud- 
waters,  and  other  woollens,  and  rum. — The  French 
must  be  obliged  to  buy  all  their  woollens  (the  strouds 
especially)  in  England,  and  thence  carry  them  to 
France,  in  order  to  their  transportation  to  Canada. 

*  The  voyage  to  Quebec,  through  the  bay  of  St.  Law- 
rence, is  well  known  to  be  the  most  dangerous  of  any 
in  the  world,  and  only  practicable  in  the  summer 
months.  The  French  have  no  commodities  in  Canada, 
by  reason  of  the  cold  and  barrenness  of  the  soil,  proper 
for  the  West-India  markets  ;  and  therefore  have  no  rum 
but  by  vessels  from  France,  that  touch  at  their  islands 
in  the  AVest-Indies.  New- York  has,  by  reason  of  its  si- 
tuation, both  as  to  the  sea  and  the  Indians,  every  way 
the  advantage  of  Canada.  The  New-York  vessels  make 
always  two  voyages  in  a  year  from  England,  one  in 
summer,  and  another  in  winter,  and  several  voyages  in 
a  year  to  the  West-Indies.  It  is  manifest,  therefore, 
that  it  is  not  in  the  power  of  the  French  to  import  any 
goods  near  so  cheap,  to  Canada,  as  they  are  imported 
to  New- York 

'  But  to  put  this  out  of  all  controversy,  we  need  on- 
ly observe  to  your  excellency,  that  strouds  (without 
which  no  considerable  trade  can  be  carried  on  with  the 
Indians)  are  sold  at  Albany  for  10/.  a  piece  :  they  were 
sold  at  Montreal,  before  this  act  took  place,  at  13/.  25, 


History  of  New-York. 


253 


Qd.  and  now  Ihey  are  sold  there  for  25/.  and  upwards ; 
which  is  an  evident  proof  that  the  French  have  not  in 
these  four  years  time  (during  the  continuance  of  this 
act)  found  out  any  other  way  to  supply  themselves  with 
Stroud s  ;  and  likewise  that  they  cannot  trade  without 
them,  seeing  they  buy  them  at  so  extravagant  a  price, 

'  It  likewise  appears  that  none  of  the  neighbouring 
colonies  have  been  able  to  supply  the  French  with  these 
goods,  and  those  that  know  the  geography  of  the  coun- 
try, know  it  is  impracticable  to  do  it  at  any  tolerable 
rate,  because  they  must  carry  their  goods  ten  times  fur- 
ther by  land  than  we  need  to  do. 

'  We  are  likewise  assured  that  the  merchants  of  Mon- 
treal lately  told  Mr.  Vaudreuil,  their  governour,  that  if 
the  trade  from  Albany  be  not  by  some  mean  or  other 
encouraged,  they  must  abandon  that  settlement.  We 
have  reason,  therefore,  to  suspect  that  these  merchants 
(at  least  some  of  them)  have  been  practised  upon  by 
the  French  agents  in  London  ;  for  no  doubt  the  French 
wall  leave  no  method  untried  to  defeat  the  present  de- 
signs of  this  government,  seeing  they  are  more  afraid 
of  the  consequences  of  this  trade  between  New- York 
and  the  Indians,  than  of  all  the  warlike  expeditions  that 
ever  were  attempted  against  Canada. 

*  But  to  return  to  the  petitioners.  "  Tliey  conceive 
nothing  can  tend  more  to  the  withdrawing  the  affections 
of  the  Five  Nations  of  Indians  from  the  English  inter- 
est, than  the  continuance  of  the  said  act,  which  in  its  ef- 
fects restrains  them  from  a  free  commerce  with  the  in- 
habitants of  New-York,  and  may  too  probably  estrange 
them  from  the  English  interest ;  whereas  by  a  freedom 
of  commerce,  and  an  encouraged  intercourse  of  trade 
with  the  French  and  their  Indians,  the  English  interest 
might,  in  time,  be  greatly  improved  and  strenghtened.'^ 


254 


History  of  New-York. 


'  It  seems  to  us  a  strange  argument  to  say  that  an 
act,  the  whole  purport  of  which  is  to  encourage  our 
own  people  to  go  among  the  Indians,  and  to  draw 
the  far  Indians  through  our  Indian  country  to  Al- 
bany (and  which  has  truly  produced  these  effects) 
would,  on  the  contrary,  restrain  them  from  a  free 
commerce  with  the  inhabitants  of  New- York,  and 
may  too  probably  estrange  them  from  the  English 
interest  ;  and  therefore  that  it  w^ould  be  much  wiser 
in  us  to  make  use  of  the  French,  to  promote  the 
English  interest ;  and  for  which  end,  w^e  ought  to  en- 
courage a  free  intercourse  between  them  and  our  In- 
dians.   The  reverse  of  this  is  exactly  true,  in  the  opin- 
ion of  our  Five  Nations ;  who  in  all  their  publick  trea- 
ties with  this  government,  have  represented  against  ttiis 
trade,  as  the  building  the  French  forts  with  English 
strouds  :  that  the  encouraging  a  freedom  of  commerce 
with  our  Indians,  and  the  Indians  round  them,  who  must 
pass  through  their  country  to  Albany,  would  certainly 
increase  both  the  English  interest  and  theirs,  among  all 
the  nations  to  the  westward  of  them  ;  and  that  the  car- 
rying the  Indian  market  to  Montreal  in  Canada,  draws 
all  the  far  Indians  thither. 

'  The  last  thing  we  have  to  take  notice  of,  is  what  the 
merchants  asserted  before  the  lords  of  trade,  viz.  "  that 
there  has  not  been  half  the  quantity  of  European  goods 
exported  since  the  passing  of  this  act,  that  used  to  be." 
— '  We  are  well  assured,  that  this  is  no  better  grounded 
than  the  above  facts  they  assert  with  the  same  positive- 
ness.  For  it  is  well  known,  almost  to  every  person  in 
New-York,  that  there  has  not  been  a  less,  but  rather, 
a  greater,  quantity  of  European  goods  imported  into 
this  place,  since  the  passing  of  this  act  than  was  at  any 
time  before  it,  in  the  same  space  of  tim^r   As  this  ap- 


History  of  New-Yorh 


pears  by  the  manifests  in  the  custom  house  here,  the 
same  may  likewise  be  easily  proved  by  the  custom 
house  books  in  London, 

'  As  all  the  arguments  of  the  merchants  run  upon  the 
ill  effects  this  act  has  had  upon  the  trade  and  the  minds 
of  the  Indians,  every  one  of  w  hich  we  have  shown  to  be 
asserted  without  the  least  foundation  to  support  them; 
there  notbing  now  remains  but  to  shew  the  good  effects 
this  act  has  produced,  which  are  so  notorious  in  this 
province,  that  we  know  not  one  person  that  now  opens 
his  mouth  against  the  act. 

*  Before  this  act  passed,  none  of  the  people  of  this 
province  travelled  into  the  Indian  countries  to  trade* 
We  have  now  above  forty  young  men,  who  have  been 
several  times  as  far  as  the  lakes  a  trading,  and  thereby 
become  well  acquainted,  not  only  with  the  trade  of  the 
Indians,  but  likewise  with  their  manners  and  languages ; 
and  those  have  returned  with  such  large  quantities  of 
furs,  that  greater  numbers  are  resolved  to  follow  their 
example  ;  so  that  w^e  have  good  reason  to  hope,  that  in 
a  little  time,  the  English  will  draw  the  whole  Indian 
trade  of  the  inland  countries  to  Albany,  and  into  the 
country  of  the  Five  Nations.  This  government  has  built 
a  publick  trading  house  upon  Cadaracqui  lake,  at  Iron- 
dequat,  in  the  Senecas'  land,  and  another  is  to  be  built, 
next  spring,  at  the  mouth  of  the  Onondagas'  river.  All 
the  far  Indians  pass  by  these  places,  in  their  way  to 
Canada  ;  and  they  are  not  above  half  so  far  from  the 
English  settlements,  as  they  are  from  the  French. 

^  So  far  is  it  from  being  true  what  the  merchants  say, 
"That  the  French  forts  interrupt  all  communication 
between  the  Indians  and  the  English  that  if  these 
places  be  well  supported,  as  they  easily  can  be  from 


256 


History  of  New-York. 


our  settlements,  in  case  of  a  rupture  with  the  French^ 
it  will  be  in  the  pow  er  of  this  province  to  intercept  the 
greatest  part  of  the  trade  between  Canada  and  the  In- 
dians round  the  lakes  and  the  branches  of  the  Missisip- 
pi. — Since  this  act  passed,  many  nations  have  come  to 
Albany  to  trade,  in  peace  and  friendship,  whose  names 
had  not  so  much  as  been  heard  of  among  us.  In  the 
beginning  of  May,  1723,  a  nation  of  Indians  came  to 
Albany,  singing  and  dancing,  with  their  calumets  be- 
fore them,  as  they  always  do  when  they  come  to  any 
place  where  they  have  not  been  before.  We  do  not 
find  that  the  commissioners  of  Indian  affairs  were  able 
to  inform  themselves  what  nation  this  was. 

^  Towards  the  end  of  the  same  month,  eighty  men, 
besides  the  w  omen  and  children,  came  to  Albany,  in  the 
same  manner.  These  had  one  of  our  Five  Nations  with 
them  for  an  interpreter,  by  whom  they  informed  the 
commissioners  that  they  were  of  a  great  nation,  called 
Wehkereages,  consisting  of  six  castles  and  tribes  ;  and 
that  they  lived  near  a  place  called  by  the  French  Mis- 
simakinah,  between  the  upper  lake  and  the  lake  of  the 
Hurons.  These  Indians  not  only  desired  a  free  com- 
merce, but  likewise  to  enter  into  a  strict  league  of  friend- 
ship with  us  and  our  Six  Nations,  that  they  might  be 
accounted  the  seventh  nation  in  the  league,  and  being 
received  accordingly,  they  left  their  calumet  as  a  pledge 
of  their  fidelity. — In  June  another  nation  arrived,  but 
from  what  part  of  the  continent  we  have  not  learned. 

^  In  July,  the  Twightwies  arrived,  and  brought  an  In- 
dian interpreter  of  our  nations  w  ith  them,  who  told,  that 
they  were  called  by  the  French,  Miamies,  and  that  they 
live  upon  one  of  the  branches  of  the  river  Missisippi. — 
At  the  same  time  some  of  the  Tahsagrondie  Indians, 


History  of  New-York. 


257 


who  live  between  lake  Erie  and  the  lake  Hurons,  near 
a  French  settlement,  did  come  and  renew  their  league 
with  the  English,  nor  durst  tlie  French  hinder  them. — 
In  July,  tliis  year,  another  nation  came,  whose  situation 
and  name  we  know  not  ;  and  in  August  and  Septem- 
ber, several  parties  of  the  same  Indians  that  had  been 
here  last  year  ;  but  the  greatest  numbers  of  these  far 
Indians  have  been  met  this  year  in  the  Indian  country 
by  our  traders,  every  one  of  them  endeavouring  to  get 
before  another,  in  order  to  reap  the  profits  of  so  advan* 
tageous  a  trade,  which  has,  all  this  summer  long,  kept 
about  forty  traders  constantly  employed,  in  going  be- 
tween our  trading  places,  in  our  Indian  country,  and 
Albany. 

'  All  these  nations  of  Indians,  who  came  to  Albany^ 
said  that  the  French  had  told  them  many  strange  sto- 
ries of  the  English,  and  did  what  they  could  to  hinder 
their  coming  to  Albany,  but  that  they  had  resolved  to 
break  through  by  force.  The  difference  on  this  score 
between  the  Tahsagrondie  Indians  and  the  French  (who 
have  a  fort  and  settlement  there,  called  by  them  Le  De- 
troit) rose  to  that  height,  this  summer,  that  Mr.  Tonti, 
who  commanded  there,  thought  it  proper  to  retire,  and 
return  to  Canada  with  many  of  his  men. 

'  We  are,  for  these  reasons,  well  assured,  that  this 
year  there  will  be  more  beaver  exported  for  Great  Bri- 
tain, than  ever  w^as  from  this  province  in  one  year ;  and 
that  if  the  custom  house  books  at  London  be  looked  into 
it  will  be  found  that  there  will  be  a  far  greater  quanti- 
ty of  goods  for  the  Indians  (strouds  especially)  sent  over 
next  spring,  than  ever  was  at  any  one  time  to  this  pro- 
vince. For  the  merchants  here  tell  us,  that  they  have 
at  this  time  ordered  more  of  these  goods  than  ever  wa« 
done  at  any  one  time  before. 

33 


History  of  Nen-YorJc. 


*  These  matters  of  fact  prove,  beyond  contradictiorr^ 
that  this  act  has  been  of  the  greatest  service  to  ISew- 
York,  in  making  us  acquainted  with  many  nations  of 
Indians,  formerly  entirely  unknown,  and  strangers  to 
us  ;  withdrawing  them  from  their  dependence  upon  the 
French,  and  in  uniting  them  to  us  and  our  Indians,  by 
means  of  trade  and  mutual  offices  of  friendship. — Of 
what  great  consequence  this  may  be  to  the  British  in- 
terest in  genera],  as  to  trade,  is  apparent  to  any  body. 
It  is  no  less  apparent,  likewise,  that  it  is  of  the  greatest 
consequence  to  the  safety  of  all  the  British  colonies  in 
iVforth  America.  We  feel,  too  sensibly,  the  ill  etfects 
of  the  French  interest  in  the  present  war  betwixt  New- 
England,  and  only  one  nation  of  Indians  supported  by 
the  French.  Of  what  dismal  consequences  then  might 
it  be,  if  the  French  should  be  able  to  influence,  in  the 
same  manner,  so  many  and  such  numerous  nations,  as 
lie  to  the  westward  of  this  province,  Pennsylvania  and 
Maryland?  On  the  other  hand,  if  all  these  nations  (who 
assert  their  own  freedom,  and  declare  themselves  friends 
to  those  that  supply  them  best  with  w  hat  they  want)  be 
brought  to  have  a  dependence  upon  the  English  (as  we 
have  good  reason  to  hope  in  a  short  time  they  will)  the 
French  of  Canada,  in  case  of  a  war,  must  be  at  the  mer- 
cy of  the  English* 

*  To  these  advantages  must  be  added^  that  many  of  out 
young  men  having  been  induced  by  this  act  to  travel 
among  the  Indians,  they  learn  their  manners,  their  lan- 
guages, and  the  situation  of  all  their  countries,  and  be- 
come inured  to  all  manner  of  fatigues  and  hardships  ; 
and  a  great  many  more  being  resolved  to  follow  their 
example,  these  young  men,  in  case  of  war  with  the  In- 
dians, will  be  of  ten  times  tlie  service,  that  the  same 


• 

History  of  New-York. 


259 


number  of  the  common  militia  can  be  of. — ^The  effects 
of  this  act  have  likewise  so  much  quieted  the  minds  of 
the  people,  with  respect  to  the  security  of  the  frontiers, 
that  our  settlements  are  now  extended  above  thirty 
miles  further  west  towards  the  Indian  countries  than 
they    ere  before  it  passed. 

'  The  only  thing  that  now  remains  to  answer  is  an 
objection  which  we  suppose  may  be  made,  what  can 
induce  the  merchants  of  London  to  petition  against  an 
act  which  will  be  really  so  much  for  their  interest  in 
the  end  ?  The  reason  is,  in  all  probability,  because  they 
only  consider  their  present  gain  ;  and  that  they  are  not 
at  all  concerned  for  the  safety  of  this  country,  in  en- 
couraging the  most  necessary  undertaking,  if  they  ap- 
prehend their  profit  for  two  or  three  years  may  be  les- 
sened by  it.  This  inclination  of  the  merchants  has  been 
so  notorious  that  few  nations  at  war  with  their  neio:h- 
bours  have  been  able  to  restrain  them  from  supplying 
their  enemies  with  ammunition  and  arms.  The  count 
d'Estrade,  in  his  letters,  in  163H,  says  that  when  the 
Dutch  were  besieging  Antwerp,  one  Beiland,  who  had 
loaded  four  fly  boats  with  arms  and  powder  for  Ant- 
werp, being  taken  up  by  the  prince  of  Orange's  order, 
and  examined  at  Anisterdam,  said,  boldly,  that  the 
burghers  of  Amsterdam  had  a  riglit  to  trade  every 
where :  that  he  could  name  a  hundred  that  were  factors 
for  the  merchants  at  Antwerp,  and  that  he  was  one. 
"  That  trade  cannot  be  interrupted,  and  that  for  his 
part  he  w^as  very  free  to  own,  that  if  to  get  any  ti;ing 
by  trade  it  were  necessary  to  pass  through  hell,  he  would 
venture  to  burn  his  sails."  '  When  this  principle,  so 
common  to  merchants,  is  considered,  and  that  some  in 
this  place  iiave  got  estates  by  trading  many  years  to 


260 


• 

History  of  New-York. 


Canada,  it  is  not  to  be  wondered  that  they  have  acted 
as  factors  for  Canada  in  this  affair,  and  that  they  have 
transmitted  such  accounts  to  their  correspondents  in 
London,  as  are  consistent  with  the  trust  reposed  in 
them  by  the  merchants  of  Canada. 

^  In  the  last  place,  we  are  humbly  of  opinion  that  it 
may  be  proper  to  print  the  petition  of  the  merchants  of 
London,  and  their  allegations  before  the  lords  of  trade, 
together  with  the  answers  your  committee  has  made 
thereto,  in  vindication  of  the  legislature  of  this  pro- 
vince, of  which  we  have  the  honour  to  be  a  part,  if  your 
excellency  shall  approve  of  our  answers  ;  that  what  we 
have  said  may  be  exposed  to  the  examination  of  every 
one  in  this  place,  where  the  truth  of  the  matters  of  fact 
is  best  known,  and  that  the  correspondents  of  these 
merchants  may  have  the  most  publick  notice  to  reply,  if 
they  shall  think  it  proper,  or  to  disown,  in  a  publick 
manner,  that  they  are  the  authors  of  such  groundless 
informations.  All  which  is  unanimously  and  humbly 
submitted,  by 

*  Your  excellency's 

'  Most  obedient  humble  servants, 
'  R.  Walter,       '  Cadvvallader  Colden, 

Rip  Van  Dam,  '  James  Alexander, 
*  John  Barbarie,  ^  Abraham  Van  Home;* 
'  Fr.  Harison, 

Governour  Burnet  transmitted  this  report  to  the 
board  of  trade  ;  and  it  had  the  intended  effect.  About 
the  latter  end  of  the  year  1724,  an  unfortunate  dispute 
commenced  in  the  French  church,  of  which,  because  it 
had  no  small  influence  on  the  publick  affairs  of  the  go- 
vernment,  I  shall  lay  before  the  reader  a  short  account. 


History  of  New-York. 


261 


The  persecutions  in  France,  which  ensued  upon  the 
revocation  of  the  edict  of  Nantz,  drove  the  protest  ant 
subjects  of  Louis  XIV,  into  the  territories  of  other 
princes.  Many  of  them  fled  even  into  this  province  : 
the  most  opulent  settled  in  the  city  of  New-York  ; 
others  went  into  the  country  and  planted  New  Rochelle, 
and  a  few  seated  themselves  at  the  New  Paltz,  in  Ul- 
ster county.  Those  who  resided  at  New- York  soon 
erected  a  church,  upon  the  principles  and  model  of 
that  in  Geneva  ;  and  by  their  growth  and  foreign  acces- 
sions, formed  a  congregation,  for  nimibers  and  riches, 
superior  to  all  but  the  Dutch.  They  had  two  ministers ; 
Kou,  the  first  called,  w^as  a  man  of  learning,  but  proud, 
pleasurable,  and  passionate.  Moulinaars,  his  colleague, 
was  most  distinguished  for  his  pacific k  spirit,  dull  parts, 
and  unblameable  life  and  conversation.  Ron  despised 
his  fellow  labourer,  and  for  a  long  time  commanded  the 
whole  congregation,  by  the  superiority  of  his  talents 
for  the  pulpit.  The  other,  impatient  of  repeated  afTronts 
and  open  contempt,  raised  a  party  in  his  favour,  and 
this  year  succeeded  in  the  election  of  a  set  of  elders, 
disposed  to  humble  the  delinquent.  Rou  being  suspi- 
cious of  the  design,  refused  to  acknowledge  them  duly 
elected.  Incensed  at  this  conduct,  they  entered  an  act 
in  their  minutes,  dismissing  him  from  the  pastoral  charge 
pf  the  church,  and  procured  a  ratification  of  the  act  un- 
der the  hands  of  the  majority  of  the  people.  Governour 
Burnet  had,  long  before  this  time,  admitted  Rou  into 
his  familiarity,  on  the  score  of  his  learning  ;  and  that 
consideration  encouraged  a  petition  to  him,  from  Ron's 
adherents,  complaining  against  the  elders.  The  mat- 
ter was  then  referred  to  a  committee  of  the  council, 
who  advised  that  the  congregation  should  be  admonish- 


262 


History  of  New-York. 


ed  to  bring  their  differences  to  an  amicable  conclusion. 
Some  overtures,  to  that  end,  were  attempted  ;  and  the 
elders  offered  to  submit  the  controversy  to  the  Dutch 
ministers-  But  Rou,  who  knew  that  the  French  church 
in  this  country,  without  a  synod  was  unorganized,  and 
could  not  restrain  him,  chose  rather  to  bring  his  bill  in 
chancery  before  the  governour. 

Mr.  Alexander  was  his  council,  and  Mr.  Smith,^  a 
young  lawyer,  of  the  first  reputation  as  a  speaker,  ap- 
peared for  tiie  elders.  He  pleaded  to  the  jurisdiction 
of  the  court,  insisting  that  the  matter  was  entirely  ec- 
clesiastical, and,  in  the  prosecution  of  his  argument,  en- 
tered largely  into  an  examination  of  the  government  of 
the  prottstant  churches  in  France.  According  to  whic  h 
he  showed  that  the  consistory  were  the  proper  judges 
of  the  point  in  dispute,  in  the  first  instance  ;  and  that 
from  thence  an  appeal  lay  to  a  collogue,  next  to  a  pro- 
vincial, and  last  of  all  to  a  national  synod.  Mr  Burnet 
nevertheless  over  ruled  the  plea,  and  the  defendants,  be- 
ing fearful  of  a  decree,  that  might  expose  their  own  es- 
tates to  the  payment  of  Rou's  salary,  thought  it  advis- 
able to  drop  their  debates,  reinstate  the  minister,  and 
leave  the  church. 

All  those  who  opposed  Rou  were  disobliged  with  the 
governour :  among  these  Mr.  De  Lancey  was  the  most 
considerable  for  his  wealth  and  popular  influence.  He 
was  very  rigid  in  his  religious  profession,  one  of  the  first 
builders,  and  by  far  the  most  generous  benefactor  of 
the  French  church,  and  therefore  left  it  with  the  utmost 

* 

*  These  gentlemen  came  into  the  colony  in  the  same  ship,  in  1715a 
The  latter  was  born  at  Newport  Pa^nel,  in  Buckinghamshire.  They 
were  among  the  principal  agents  in  the  politicgil  struggles  during  the 
administration  of  colonel  Cosby. 


History  of  New-Yorh 


263 


reluctance.  Mr.  Burnet,  before  this  time,  had  consi- 
dered him  as  his  enemy,  because  he  had  opposed  the  pro- 
hibition of  tiie  French  trade  ;  and  this  led  him  into  a 
step,  which,  as  it  was  a  personal  indignity,  Mr.  DeLan- 
cey  could  never  recollect  without  resentment.  This 
gentleman  was  returned  for  the  city  of  New- York,  in 
the  room  of  a  deceased  inember,  at  the  meeting  of  the 
assembly  in  September,  1725.  When  he  offered  himself 
for  tlie  oatlis,  Mr.  Burnet  asked  him  how  he  became  a 
subject  of  the  crown  ?  He  answered,  that  he  was  denized 
in  England,  and  his  excellency  dismissed  him,  taking 
tiine  to  consider  the  matter.  Mr.  De  Lancey  then  laid 
before  the  house  an  act  of  a  notary  publick,  certifying 
that  he  was  named  in  a  patent  of  denization,  granted  in 
the  reign  of  .Tames  the  second — A  patent  of  the  same 
kind,  under  the  great  seal  of  this  province,  in  1686 — 
And  two  certificates,  one  of  his  having  taken  the  oath 
of  allegiance,  according  to  an  act  passed  here,  in  1683, 
and  another  of  his  serving  in  several  former  assemblies. 
The  governour,  in  the  mean  time,  consulted  the  chief 
justice,  and  transmitted  his  opinion^  to  the  house,  who 
resolved  in  favour  of  Mr.  De  Lancey.  Several  othei^ 
new  representatives  came  in,  at  this  session,  upon  the 
decease  of  the  old  members ;  and  Adolph  Philipse,  who 
was  some  time  before  dismissed  from  the  council  board, 
was  elected  into  the  speaker's  chair,  in  the  absence  of 
Mr.  Livingston.  The  majority,  however,  continued  in 
the  interest  of  the  governour  ;  and  consented  to  the  re- 

What  colonel  Morris'  opinion  was  I  have  not  been  able  to  disco- 
ver. Governour  Burnet's  conduct  was  thought  to  be  unconstitutional, 
and  an  invasion  of  the  rights  of  the  assembly,  v;ho  claim  the  exclusive, 
privilege  of  deiermiuipg  the  qualificatiocs  oi  their  ©wn  members. 


264 


History  of  New-York. 


vivalof  the  several  acts  which  had  been  passed  for  pro- 
hibiting the  French  trade  ;  which,  in  spite  of  all  the  re- 
straints laid  upon  it,  was  clandestinely  carried  on  by  the 
people  of  Albany.  Oswego,  nevertheless,  grew  consi- 
derable for  its  commerce :  fifty-seven  canoes  went  there 
this  summer,  and  returned  with  seven  hundred  and  thir- 
ty eight  packs  of  beaver  and  deer  skins. 

Nothing  could  more  naturally  excite  the  jealousy  of 
the  French  than  the  erection  of  the  new  trading  house 
at  the  mouth  of  the  Onondaga  river.  Fearful  of  losing 
a  profitable  trade,  which  they  had  almost  entirely  en- 
grossed, and  the  command  of  the  lake  Ontario,  they 
launched  two  vessels  in  it  in  1726,  and  transported  mate- 
rials for  building  a  large  storehouse  and  repairing  the 
fort  at  Niagara.  The  scheme  was  not  only  to  secure 
to  themselves  the  entrance  into  the  west  end  of  the 
lake,  as  they  already  had  the  east,  by  the  fraudulent 
erection  of  fort  Frontenac,  many  years  before ;  but 
also  to  carry  their  trade  more  westerly,  and  thus  ren- 
der Oswego  useless,  by  shortening  the  travels  of  the 
western  Indians  near  two  hundred  miles.  Baron  de 
Longueil,  who  had  the  chief  command  in  Canada,  on  the 
death  of  the  marquis  de  Vaudreuil,  in  October,  1725, 
was  so  intent  upon  this  project,  that  he  w^ent,  in  person> 
to  the  Onondaga  canton,  for  leave  to  raise  the  store- 
house at  JNiagara  :  and  as  those  Indians  were,  most  of 
all,  exposed  to  the  intrigues  of  the  Jesuits,  who  con- 
stantly resided  amongst  them,  he  prevailed  upon  them^ 
by  fraud  and  false  representations,  to  consent  to  it,  for 
their  protection  against  the  English.  But  as  soon  as 
this  matter  was  made  known  to  the  other  nations,  they 
declared  the  permission  granted  by  the  Onondagas  to 
be  absolutely  void  i  and  sent  deputies  to  Niagara,  with 


tEstory  of  New- York. 


263 


a  message,  signifying  that  the  country  in  which  they 
were  at  wotk,  belonged  solely  to  the  Senecas  ;  and  re- 
quired them  immediately  to  desist.  The  French,  not- 
withstanding, were  regardless  of  the  embassage,  and 
pushed  on  their  enterprise  with  all  possible  dispatch, 
while  Joncaire  exerted  all  his  address  among  the  Indians 
to  prevent  the  demolition  of  the  works.  Canada  was 
very  much  indebted  to  the  incessant  intrigues  of  this 
man.  He  had  been  adopted  by  the  Senecas,  and  was 
well  esteemed  by  the  Onondagas.  He  spoke  the  Indian 
language,  as  Charlevoix  informs  us,"avec  la  plus  sublime 
eloquence  Iroquoise,"  and  had  lived  among  them,  af- 
ter their  manner^  from  the  bginning  of  queen  Anne's 
reign.  All  these  advantages  he  improved  for  the  inte- 
rest of  his  country  ;  he  facilitated  the  missionaries  in 
their  progress  through  the  cantons,  and  more  than  any 
man  contributed  to  render  their  dependence  upon  the 
English  weak  and  precarious.  Convinced  of  this  col- 
onel Schuyler  urged  the  Indians,  at  his  treaty  with 
them,  in  1719,  to  drive  Joncaire  out  of  their  country, 
but  his  endeavours  were  fruitless*^ 

The  Jesuit  Charlevoix  does  honour  to  Mr.  Burnet,  in 
declaring  that  he  left  no  stone  unturned  to  defeat  the 
French  designs  at  Niagara.  Nor  is  it  much  to  be  won- 
dered at.  For  besides  supplanting  his  favourite  trade 
at  Oswego,  it  tended  to  the  defection  of  the  Five  Na- 
tions ;  and  in  case  of  a  rupture,  exposed  the  frontiers  of 
our  southern  colonies  to  the  ravages  of  the  French  and 

*  The  same  thing  has*since  been  frequently  laboured,  but  to  no  pur* 
pose.  His  son  continued  the  course  of  iutrigues  be^un  by  the  father^ 
till  general  Shirley,  while  he  was  at  Oswego,  in  1755,  prevailed  upott 
tlie  Seuecas  to  ©rder  him  to  Canada. 

34 


^66 


History  of  New-York. 


tlieir  allies.  Mr.  Burnet,  upon  whom  these  considera- 
tions made  the  deepest  impression,  laid  the  matter  be- 
fore the  house,  remonstrated  against  the  proceedings  to 
Longuiel,  in  Canada,  wrote  to  the  ministry  in  England, 
who  complained  of  them  to  the  French  court,  and  met 
the  confederates  at  Albany,  endeavouring  to  convince 
them  of  the  danger  they  themselves  would  be  in,  from 
an  aspiring,  ambitious  neighbour.  He  spoke  first  about 
the  aliair  privately  to  the  sachems,  and  afterwards,  in 
the  publick  conference,  informed  them  of  all  the  en- 
croachments which  the  French  had  made  upon  their 
fathers,  and  the  ill  usage  they  had  met  with,  according 
to  La  Potherie's  account,  published  with  the  privilege 
of  the  French  king,  at  Paris,  in  1722.  He  then  ren  ind- 
ed  them  of  tlie  kind  treatment  they  had  received  from 
the  English,  Vvho  constantly  fed  and  clothed  them, 
and  never  attempted  any  act  of  hostility  to  their  preju- 
dice. This  speech  was  extremely  well  drawn,  the 
thoughts  being  conceived  in  strong  figures,  particular- 
ly expressive  and  agreeable  to  the  Indians.  The  go- 
vernour  required  an  explicit  declaration  of  their  senti- 
ments concerning  the  French  transactions  at  Niagara, 
and  their  answer  was  truly  categorical.  "  We  speak 
now  in  the  name  of  all  the  Six  Nations,  and  come  to 
you  hcwling.  This  is  the  reason  why  we  howl,  that 
the  governour  of  Canada  encroaches  on  our  land  and 
builds  thereon."  After  which  they  entreated  him  to 
write  to  the  king  for  succour.  Mr.  Burnet  embraced 
this  favourable  opportunity  to  procure  from  them  a 
deed  surrendering  their  country  to*  his  majesty,  to  be 
protected  for  their  use,  and  confirming  their  grant  in 
1701,  concerning  wliich  there  was  only  an  entry  in  the 


History  of  New-York. 


267 


books  of  the  secretary  for  Indian  affairs.^  It  happened, 
very  unfortunately,  that  his  excellency's  hands  were 
then  more  weakened  than  ever,  by  the  growing  disaf- 
fection in  the  house.    Tiie  intrigues  of  his  adversaries, 
and  tlie  frequent  deaths  of  the  members,  had  introduced 
such  a  change  in  the  assembly,  that  it  was  with  difficul- 
ty he  procured  a  three  years  support.    The  clamours 
of  the  people  ran  so  high,  with  >ut  doors,  for  a  new 
election,  that  he  was  obliged  to  dissolve  the  hi»use,  and 
soon  after  another  dissolution  ensued  upon  the  death  of 
the  king.    The  French,  in  the  mean  time,  completed 
their  works  at  Niagara,  and  Mr.  Burnet,  who  was  un- 
able to  do  any  thing  else,  erected  a  fort,  in  1 727,  for 
the  protection  of  the  post  and  trade  at  Oswego.  This 
necessary  undertaking  was  pregnant  with  the  most  im- 
portant consequences,  not  only  to  this,  but  all  our 
c:>lonies  ;  and  though  the  governour's  seasonable  ac- 
tivity deserved  the  highest  testimonials  of  our  grati- 
tude, I  am  ashamed  to  confess,  what  I  am  bound  to  re- 
late, that  he  built  the  fort  at  his  private  expense,  and 
that  a  balance  of  above  56/.  principal,  though  frequent- 
ly demanded,  remains  due  to  liis  estate  to  tiiis  very  day. 

Besides  the  territories  at  the  west  end  of  lake  Erie,  and  on  the 
north  si  !e  of  that,  and  the  lake  Ontario,  which  were  ceded,  in  1701, 
the  Indians  now  panted,  for  the  same  pnrpose,  all  their  habitations 
from  O;  we£:o  to  Cayahoga  river,  which  disembogues  into  lake  Erie, 
and  the  country  extending  sixty  miles  from  the  southermost  banks  of 
those  lakes.  Though  the  first  surrender,  through  negligence,  was  not 
made  by  the  execution  of  a  formal  deed  under  seal ;  yet  as  it  was 
transacted  with  all  the  solemnity  of  a  treaty,  and  as  the  second  surren- 
der confirir  s  the  first  no  intermediate  possession  by  the  French  can 
prejudice  the  British  title  derived  by  the  cession  in  170L 


268 


History  of  New- York. 


Beauharnois,  the  governour  of  Canada,  who  super- 
seded Longuiel,  was  so  incensed  at  the  building  of  the 
fort,  that  he  sent  a  written  summons,  in  July,  to  the 
officer  posted  there,  to  abandon  it ;  and  though  his  pre- 
decessor had  done  the  same,  a  little  before,  at  Niagara, 
in  the  country  of  the  Senecas,  the  acknowledged  sub- 
jects of  the  British  crown,^  yet  with  a  singular  effron- 
tery, he  dispatched  de  la  Chassaigne,  a  man  of  parts, 
and  governour  of  Trois  Rivieres,  to  New- York,  with 
the  strongest  complaints  to  Mr.  Burnet  upon  that  head. 
His  excellency  sent  him  a  polite,  but  resolute  answer, 
on  the  eighth  of  August  ;  in  which  he  refuted  the  argu- 
ments urged  by  the  French  governour  general  ;  and 
remonstrated  against  the  proceedings  of  the  last  year 
at  Niagara. 

The  new  assembly  met  in  September,  1727,  and  con- 
sisted of  members  all  ill  affected  to  the  governour.  The 
long  continuance  of  the  last,  the  clamours  which  were 

*  Though  the  sovereignty  over  the  Five  Nations  was  ceded  to 
Great  Britain,  and  Charlevoix  himself  had  acknowledged  that  Niagara 
was  part  of  their  country,  yet  the  pious  Jesuit  applauds  the  French 
settlement  there,  which  was  so  manifest  an  infraction  of  the  treaty  of 
Utrecht.  The  marquis  de  Nonville,  in  his  letter  to  the  court  of 
France,  in  1686,  proposed  the  erection  of  a  fort  there,  to  secure  the 
communication  with  the  lakes,  and  deprive  us  of  a  trade  which  he 
computed  to  be  worth  400,000  francs  per  annum.  Charlevoix,  per- 
haps, considered  these  advantages  sufficient  to  justify  the  violation  of 
publick  faith  ;  reasoning  upon  the  principles  of  le  chevalier  de  Cal- 
lieres,  who  thought  the  legality  of  making  a  conquest  of  New-\ork, 
during  the  strict  peace  in  James  lid's  reign,  might  be  inferred  from  the 
benefit  that  would  thereby  accrue  to  the  French  colony,  "  qu'  il  n'y 
avoit  point  d'  autre  voye  pour  conserver  la  colonie,  que  de  nous  rendre 
maitres  de  la  Nouvelle  York  ;  et  que  cette  conquete  etoit  legitime 
par  la  uecessite." 


History  of  New- York. 


269 


excited  by  several  kite  important  decrees  in  chancery, 
the  affair  of  the  French  church,  and  especially  the  pro- 
hibiting the  Canada  trade,  were  the  causes  to  which  the 
loss  of  his  interest  is  to  be  ascribed.  Mr.  Philipse,  the 
speaker,  was  piqued  at  a  decree  in  chancery  against 
himself,  which  very  much  aflected  his  estate  ;  no  won- 
der, then,  that  the  members  who  were  very  much  influ- 
enced by  him,  came,  on  the  25th  of  November,  into 
the  following  resolutions.  Colonel  Hicks,  from  the 
committee  of  grievances,  reported,  "  That  as  well  by 
the  complaints  of  several  people,  as  by  the  general  cry 
of  his  majesty's  subjects  inhabiting  this  colony,  they 
find  that  the  court  of  chancery,  as  lately  assumed  to  be 
set  up  here,  renders  the  liberties  and  properties  of  the 
said  subjects  extremely  precarious ;  and  that  by  the 
violent  measures  taken  in,  and  allowed  by  it,  some 
have  been  ruined,  others  obliged  to  abandon  the  colo- 
ny, and  many  restrained  in  it,  either  by  imprisonment  or 
by  excessive  bail  exacted  from  them  not  to  depart,  even 
w^hen  no  manner  of  suits  are  depending  against  them  : 
and,  therefore,  are  of  opinion  that  the  extraordinary 
proceedings  of  that  court,  and  the  exhorbitant  fees  and 
charges,  countenanced  to  be  exacted  by  the  oflScers 
and  practitioners  thereof,  are  the  greatest  grievance 
and  oppression  this  colony  hath  ever  felt  :  and  that  for 
removing  the  fatal  consequences  thereof,  they  had 
come  to  several  resolutions,  which  being  read,  were 
approved  by  the  house,  and  are  as  follow  : 

"  Resolved,  That  the  erecting  or  exercising,  in  this 
colony,  a  court  of  equity  or  chancery  (however  it  may 
be  termed)  without  consent  in  general  assembly,  is  un- 
warrantable, and  contrary  to  the  laws  of  England,  and 


270 


History  of  New- York. 


a  manifest  oppression  and  grievance  to  the  subjects^ 
and  of  pernicious  consequence  to  t  heir  liberties  and  pro- 
p  rties. 

"  Resolved,  That  this  house  will  at  their  next  meet- 
ing prepare  and  pass  an  act  to  declare  and  adjudge  all 
orders,  ordinances,  devices,  and  proceedings,  of  the 
court,  so  assumed  to  be  erected  and  exercised  as  above 
mentioned,  to  be  illegal,  null,  and  void,  as  by  law  and 
right  they  ought  to  be. 

"  Resolved,  That  this  house,  at  the  same  time,  will 
take  into  consideration  whether  it  be  necessary  to  es- 
tablish a  court  of  equity  or  chancery  in  this  colony  ; 
in  w^hom  the  jurisdiction  thereof  ought  to  be  vested  ; 
and  how  far  the  powers  of  it  shall  be  prescribed  and 
limited."' 

Mr.  Burnet  no  sooner  heard  of  these  votes,  than  he 
called  the  mem  ers  before  him,  and  dissolved  the  as- 
sembly. They  occasioned,  however,  an  ordinance  in 
the  spring  following,  as  well  to  remedy  sundry  abuses 
in  the  practise  in  chancery,  as  to  reduce  the  fees  of 
that  court,  which,  on  account  of  the  popular  clamours, 
were  so  much  diminished  that  the  wheels  of  the  chan- 
cery have  ever  since  rusted  upon  their  axes,  the  prac- 
tise being  contemned  by  all  gentlemen  of  eminence  in 
the  profession. 

We  are  now^  come  to  the  close  of  Mr.  Burnet's  ad- 
ministration, when  he  was  appointed  to  the  chief  com- 
mand of  the  Massachusetts'  Bay.  Though  we  never 
had  a  governour  to  whom  the  colony  is  so  much  indebt* 
ed  as  to  him  ;  yet  the  influence  of  a  faction,  in  the 
judgment  of  some,  rendered  his  removal  necessary  for 
the  publick  tranquility.  Insensible  of  his  merit,  the 
undistinguishing  niultitude  were  taught  to  consider  it 


History  of  New-York. 


271 


as  a  most  fortunate  event ;  and  till  the  ambitious  de- 
signs of  the  French  king,  with  respect  to  America, 
awakened  our  attention  to  the  general  welfare,  Mr. 
Burnet's  administration  was  as  little  esteemed  as  that 
of  the  meanest  of  his  predecessors. 

He  was  very  fond  of  New-York,  and  left  it  with  re- 
luctance. His  marriage  here  connected  him  with  a 
numerous  family,  and,  besides  an  universal  acquaint- 
ance, there  were  some  gentlemen  with  whom  he  fcoxi- 
tracted  a  strict  intimacy  and  friendship. 

The  excessive  love  of  money,  a  disease  common  to 
all  his  predecessors,  and  to  some  who  succeeded  him, 
was  a  vice  from  which  he  was  entirely  free.  He  sold 
no  offices,  nor  attempted  to  raise  a  fortune  by  indirect 
« means  ;  for  he  lived  generously,  and  carried  scarce  any 
thing  away  with  him  but  his  books.  These  and  the 
conversation  of  men  of  letters,  were  to  him  inexhausti- 
ble sources  of  delight.  His  astronomical  observations 
have  been  useful ;  but  by  his  comment  on  the  Apoca- 
lypse, he  exposed  himself,  as  other  learned  men  have 
before  him,  to  the  criticisms  of  those  who  have  not  abil- 
ities to  write  half  so  well. 

John  Montgomerie,  esq.  received  the  great  seal  of 
this  province,  from  Mr.  Burnet,  on  the  15th  of  Aprils 
1728,  having  a  commission  to  supersede  him  here  and 
in  New-Jersey.    The  council  board  consisted  of, 
Mr.  Walters,  Mr.  Alexander, 

Mr.  Van  Dam,  Mr.  Morris,  jun. 

Mr.  Barbaric,  Mr.  Van  Home, 

Mr. Clarke,  Mr.  Provoost, 

Mr.  Harrison,  Mr.  Livingston, 

Dr.  Golden,  Mr.  Kennedy. 


272 


Hisiory  of  New- York. 


The  governour  was  a  Scotch  gentleman,  and  bred  a 
soldier  ;  but,  in  the  latter  part  of  his  life,  he  had  little 
concern  with  arms,  having  served  as  groom  of  the  bed- 
chamber to  his  present  majesty,  before  his  accession  to 
the  throne.  This  station,  and  a  seat  he  had  in  parlia- 
ment, paved  the  way  to  his  preferment  in  America.  In 
his  talents  for  government  he  was  much  inferiour  to  his 
predecessor,  for  he  had  neither  strength  nor  acuteness 
of  parts,  and  was  but  little  acquainted  with  any  kind  of 
literature. 

As  in  the  natural,  so  in  the  political  world,  a  violent 
storm  is  often  immediately  succeeded  by  a  peaceful 
calm  ;  tired  by  the  mutual  struggles  of  party  rage, 
every  man  now  ceased  to  act  under  its  influence.  The 
governour's  good  humour  too,  extinguished  the  flames 
of  contention,  for  being  unable  to  plan,  he  had  no  par- 
ticular scheme  to  pursue  ;  and  thus  by  confining  him- 
self to  the  exercise  of  the  common  acts  of  government, 
our  publick  aflfairs  flowed  on  in  a  peaceful,  uninterrupt- 
ed, stream. 

The  reader  will,  for  this  reason,  find  none  of  those 
events  in  colonel  Montgomerie's  short  administration, 
which  only  take  rise  under  the  superintendency  of  a 
man  of  extensive  views.  Indeed  he  devoted  himself  so 
much  to  his  ease,  that  he  has  scarce  left  us  any  thing  to 
perpetuate  the  remembrance  of  his  time. 

The  two  rocks,  upon  which  the  publick  tranquility 
was  shipwrecked  in  the  late  administration,  he  carefully 
avoided ;  for  he  dissolved  the  assembly,  called  by  his 
predecessor,  before  they  had  ever  been  convened  :  and 
as  to  the  chancery  he  himself  countenanced  the  cla- 
mours against  it,  by  declining  to  sit,  till  enjoined  to 
exercise  the  office  of  chancellor  b'y  special  orders  from 


History  of  New-  Yorh 


213 


England.  He  then  obeyed  the  command,  but  not  with- 
out discovering  his  reluctance,  and  modestly  confess- 
ing to  the  practisers  that  he  thought  himself  unqualifi- 
ed for  the  station.  Indeed  the  court  of  chancery  was 
evidently  his  aversion,  and  he  never  gave  a  single  de- 
cree in  it,  nor  more  than  three  orders  ;  and  these,  both 
as  to  matter  and  form,  were  first  settled  by  the  counsel 
concerned. 

Mr.  Philipse  w^as  chosen  speaker  of  the  assembly, 
whii  h  met  on  the  23d  of  July,  and  continued  sitting,  in 
perfect  harmony,  till  autumn.  After  his  excellency  had 
procured  a  five  years  support,  and  several  other  laws  to 
his  mind,  of  less  considerable  moment,  he  went  up  to 
Albany,  and,  on  the  1  st  of  October,  held  a  treaty  with 
the  Six  Nations,  for  a  renewal  of  the  ancient  covenant. 
He  gave  them  great  presents,  and  engaged  them  in  the 
defence  of  Oswego.  Nothing  could  be  more  seasonable 
than  this  interview  ;  for  the  French,  who  eyed  that  im- 
portant  garrison,  and  our  increasing  trade  there,  with 
the  most  restless  jealousy,  prepared,  early  in  the  spring 
following,  to  demolish  the  works.  Governour  Burnet 
gave  the  first  intelligence  of  this  design,  in  a  letter  to 
colonel  Montgomerie,  dated  at  Boston,  the  31st  of 
March,  1729.  The  garrison  was  thereupon  immediate- 
ly reinforced  by  a  detachment  from  the  independent 
companies  ;  which,  together  with  the  declared  resolu- 
tion of  the  Indians,  to  protect  the  fort,  induced  the 
French  to  desist  from  the  intended  invasion.^ 

*  From  that  time,  to  the  year  1754,  this  garrison  was  guarded  only 
hy  a  Heuteaant  and  five  and  twenty  men.  General  Shirley's  parting 
from  the  forces  destined  against  fort  du  Quesne,  and  proceeding  with 
half  the  army  to  Oswego,  in  1755,  was  extremely  fortunate  to  our^ot 

35 


274 


History  of  New-YorJc. 


Thus  far  our  Indian  affairs  appeared  to  be  under  a 
tolerable  direction  ;  but  these  fair  prospects  were  soon 
obscured  by  the  king's  repealing,  on  the  11th  of  De- 
cember, 1729,  all  the  acts  which  Mr.  Burnet,  with  so 
much  labour  and  opposition,  procured  for  the  prohibi- 
tion of  an  execrable  trade  between  Albany  and  Mont- 
real. To  v^hose  intrigues  this  event  is  to  be  ascribed, 
cannot  be  certainly  dt  termined.  But  that  it  was  preg- 
nant \^  ith  the  worst  consequences,  time  has  sufficiently 
evinced*  Nothing  could  more  naturally  tend  to  under- 
mine the  trade  at  Oswego,  to  advance  the  French  com- 
merce at  iNiagara,  to  alienate  the  Indians  from  their 
fidelity  to  Great  Britain,  and  particularly  to  rivet  the 
defection  of  the  Caghnuagas.  For  these,  residing  on 
the  south  side  of  St.  Lawrence,  nearly  opposite  to  Mont- 
real, were  employed  by  the  French  as  their  carriers  ; 
and  thus  became  interested  against  us,  by  motives  of 
the  most  prevailing  nature.  One  would  imagine  that 
after  all  the  attention  bestowed  on  this  affair  in  the  late 
administration,  the  objections  against  this  trading  inter- 
course with  Canada  must  have  been  obvious  to  the 
meanest  capacity  ;  and  yet  so  astonishing  has  been  our 
conduct,  that  from  the  time  Mr.  Burnet  removed  to 
Boston,  it  has  rather  been  encouraged  than  restrained. 
Tliis  trade,  indeed,  was  subject  to  duties ;  but  that  at 
Oswego  always  was,  and  still  is  exposed  to  the  same 

onies  ;  the  French  being  then  determiopd  and  prepared  to  possess  them- 
selves of  that  post.  Besides  the  vessels  launched  there,  to  secure  the 
command  of  the  lake,  the  general,  before  he  returned  to  ^vhiter  quar- 
ters, erected  two  strong  square  forts,  with  bastions,  commanding  as  ^vell 
the  entrnuce  into  the  Onondaga  river,  as  the  old  fort  ;  in  the  situation 
of  which  little  regard  was  had  to  any  thing  besides  the  pleasantness  of 
tjie  prospect* 


History  of  New- York. 


275 


incumbrance  ;  while  the  French  trade,  in  the  interval 
between  the  years  1744  and  1750,  was  perfec  tly  free  : 
and  as  the  duty,  by  the  law  then  made,  is  laid  only  on 
goods  sold  in  the  city  and  couuty  of  Albany,  the  trader, 
to  elude  the  act,  is  only  exposed  to  the  trouble  of 
transportin;^  his  merchandise  beyond  the  scant  district 
of  the  city  ascertained  in  the  charter.  But  how  much 
soever  our  inattention  to  this  matter  may  deserve  cen- 
sure, I  cannot,  in  justice  to  my  countrymen,  help  ob- 
serving, that  from  the  severest  scrutiny  I  could  make, 
our  people  are  free  from  the  charge  of  selling  aminu- 
nition  to  the  French,  which  has  so  unjustly  exposed  the 
inhabitants  of  Albany  to  the  odium  of  all  the  colonies 
in  New  England.^ 

The  year  1731  was  distinguished  only  by  the  com- 
plete settlement  of  the  disputed  boundary  between  this 
province  and  the  colony  of  Connecticut.  An  event,  con- 
sidering the  late  colonizing  spirit  and  extensive  claims 
of  the  people  of  New-England,  of  no  small  importance, 
and  concerning  which  it  may  be  proper  to  give  a  suc- 
cinct account. 

The  partition  line  agreed  upon,  in  1664,  being  con- 
sidered as  fraudulent,  or  erroneous  ;  a  second  agree- 
ment, suspended  only  for  the  king's  and  the  duke's  ap- 
probation, was  concluded,  on  the  23d  of  November, 
1683,  between  colonel  Dongan  and  his  council,  and 
Robert  Trent,  esq.  then  governour  of  Connecticut,  and 
several  other  commissioners  appointed  by  that  colony. 

*  Ever  since  the  year  1729,  the  sale  of  arms  and  ammunition  to  the 
French  has  been  exempt  both  from  duties  and  a  prohibition  ;  which  I 
attribute  to  the  confidence  of  the  government  that  the  calumny  is  en- 
tirely groundless. 


276 


History  oj  New-York. 


The  line  of  partition  then  agreed  to  be  established,  was 
to  begin  at  the  mouth  of  Byram  brook,  "  where  itfalleth 
into  the  sound,  at  a  point  called  Lyon's  point,  to  go  as 
the  said  river  runneth,  to  the  place  where  the  common 
road,  or  wading  place,  over  the  said  river  is  ;  and  from 
the  said  road  or  wading  place,  to  go  north  northwest 
into  the  country,  as  far  as  will  be  eight  English  miles 
from  the  foresaid  Ly  on's  point  ;  and  that  a  line  of  twelve 
miles,  being  measured  from  the  said  Lyon's  point,  ac- 
cording to  the  line  or  general  course  of  the  sound  east- 
ward :  where  the  said  twelve  miles  endeth,  another  line 
shall  be  run  from  the  sound,  eight  miles  into  the  coun- 
try north  northwest,  and  also,  that  a  fourth  line  be  run 
(that  is  to  say)  from  the  northermost  end  of  the  eight 
miles  line,  being  the  third  mentioned  line,  which  fourth 
line  with  the  first  mentioned  line,  shall  be  the  boundfe 
where  they  shall  fall  to  run  ;  and  that  from  the  easter- 
most  end  of  the  fourth  mentioned  line  (which  is  to  be 
twelve  miles  in  length)  a  line  parallel  to  Hudson's 
river,  in  every  place  twenty  miles  distant  from  Hudson's 
river,  shall  be  the  bounds  there,  between  the  said  terri- 
tories or  province  of  New-York,  and  the  said  colony  of 
Connecticut,  so  far  as  Connecticut  colony  doth  extend 
northwards  ;  that  is,  to  the  south  line  of  the  Massachu- 
setts colony  :  only  it  is  provided,  that  in  case  tlie  line 
from  Byram  brook's  mouth,  north  northwest  eight  miles 
and  the  line,  that  is  then  to  run  twelve  miles  to  the  end 
of  the  third  forementioned  line  of  eight  miles,  do  dimin- 
ish or  take  away  land,  within  twenty  miles  of  Hudson's 
river,  that  then  so  much  as  is  in  land  diminished  of  twen- 
ty miles  of  Hudson's  river  thereby,  shall  be  added  out 
of  Connecticut  bounds  unto  the  line  aforementioned, 
parallel  to  Hudson's  river  and  twenty  miles  distant  fron? 


History  of  New-York. 


27T 


it ;  the  addition  to  be  made  the  whole  length  of  the 
said  parallel  line,  and  in  such  breadth,  as  will  make  up, 
quantity  for  quantity,  what  shall  be  diminished  as  afore- 
said." 

Pursuant  to  this  agreement  some  of  the  lines  were  ac- 
tually run  out,  and  a  report  made  of  the  survey,  which, 
on  the  24th  of  February,  1684,  was  confirmed  by  the 
governour  of  each  colony,  at  Milford,  in  Connecticut. 
Here  the  matter  rested,  till  a  dispute  arose  concerning 
the  right  of  jurisdiction  over  the  towns  of  Rye  and  Bed- 
ford,  which  occasioned  a  solicitation  at  home  ;  and  on 
the  28th  of  March,  1700,  king  William  was  pleased  to 
confirm  the  agreement  in  1683. 

Nineteen  years  afterwards,  a  probationary  act  was 
passed,  empowering  the  governour  to  appoint  commis- 
sioners, as  w^ell  to  run  the  line  parallel  to  Hudson's  ri- 
ver, as  to  resurvey  the  other  lines  and  distinguish  the 
boundary.  The  Connecticut  agent  opposed  the  king's 
confirmation  of  this  act,  viribus  ;  but  it  was  approv- 
ed on  the  23d  of  January,  1723.  Two  years  after, 
the  commissioners  and  surveyors  of  both  colonies  met 
at  Greenwich,  and  entered  first  into  an  agreement  re- 
lating to  the  method  of  performing  the  work. 

The  survey  was  immediately  after  executed  in  part, 
the  report  being  dated  on  the  12th  of  May,  1725  ;  but 
the  complete  settlement  was  not  made  till  the  14th  of 
May,  1731,  when  indentures,  certifying  the  execution 
of  the  agreement  in  1725,  were  mutually  signed  by  the 
commissioners  and  surveyors  of  both  colonies.  Upon 
the  establishment  of  this  partition,  a  tract  of  land  lying 
on  the  Connecticut  side,  consisting  of  above  60,000  acres, 
from  its  figure  called  the  oblong,  was  ceded  to  INew^ 


278 


History  of  New- York. 


York,  as  an  equivalent  for  lands  near  the  sound  surren'- 
dered  to  Connecticut.^ 

The  very  day  after  the  surrender,  made  by  that  col- 
ony, a  patent  passed  in  London  to  sir  Joseph  Eylesand 
others,  intended  to  convey  the  whole  oblong.  A  grant 
posterior  to  the  other  was  also  regularly  made  here,  to 
Hauley  and  company,  of  the  greatest  part  of  the  same 
tract,  which  the  British  patentees  brought  a  bill  in  chan- 
cery to  repeal.  But  the  defendants  filed  an  answer,  con- 
taining so  many  objections  against  the  English  patent, 
that  the  suit  remains  still  uoprosecuted,  and  the  Ame- 
rican proprietors  have  ever  since  held  the  possession. 
Mr.  Harison,  of  the  council,  solicited  this  controversy 
for  sir  .Joseph  Eyles  and  his  partners,  which  contributed, 
in  a  great  degree,  to  the  troubles,  so  remarkable,  in  a 
succeeding  administration. 

Governour  Montgomerie  died  on  the  1st  of  July, 
1731  ;  and  being  a  man  of  a  kind  and  humane  disposi- 
tion, his  death  was  not  a  little  lamented.  The  chief  com- 
mand then  devolved  upon  Rip  Van  Dam,  esq.  he  being 
the  oldest  counsellor,  and  an  eminent  merchant,  of  a  fair 
estate,  though  distinguished  more  for  the  integrity  of 
his  heart,  than  his  capacity  to  hold  the  reins  of  govern- 
ment.   He  took  the  oaths  before, 

Mr.  Alexander,  Mr.  De  Lancey,t 

Mr.  Van  Horne,  Mr.  Courtlandt. 

Mr.  Kennedy, 

*  See  Douglas'  late  plan  of  the  British  dominions  of  New-England, 
jf  This  gentleman,  being  a  youth  of  fine  parts,  was  called  up  to  the 
council  board  on  the  26th  of  January,  1 729,  just  after  his  return  from 
the  university .  Mr.  Morris,  jun.  was  suspended  on  the  same  day,  for 
words  dropped  in  a  dispute  relating  to  the  governour's  drafts  upon  the 
revenirer. 


History  oj  New-Yorh  279 


This  administration  is  unfortunately  signalized  by  the 
^memorable  encroachment  at  Crownpoint.  An  enemy 
despised  at  first  for  his  weakness,  generally  grows  for- 
midable for  his  activity  and  craft.  This  observation  is 
true,  applied  to  private  persons,  religious  sects,  or  pub- 
lick  states.  The  French,  in  Canada,  have  always  been 
jealous  of  the  increasing  strength  of  our  colonies  ;  and 
a  motive  of  fear  led  them,  naturally,  to  concert  a  regu- 
lar system  of  conduct  for  their  defence.  Confining  us 
to  scant  limits  along  the  sea  coast,  is  the  grand  object 
they  have  long  had  in  view  ;  and  seizing  the  important 
passes  from  Canada  to  Louisaiiia,  secUicing  our  Indian 
allies,  engrossing  the  trade,  and  falifying  the  routes 
into  their  country,  were  all  proper  expedients  towards 
the  execution  of  their  plan.  By  erecting  fort  St.  Fred- 
erick, they  secured  the  absolute  command  of  lake  Cham- 
plain,  through  which  we  must  pass,  if  ever  a  descent  be 
made  upon  Canada,  either  to  C(mquer  the  country,  or 
harrass  its  out  settlements.  The  garrison  was,  at  first, 
situated  on  the  east  side  of  the  lake,  near  the  south  end ; 
but  was  afterwards  built  upon  a  commodious  point  on 
the  oppo>ite  side.  Of  all  their  infractions  of  the  treaty 
of  Utrecht,  none  was  more  palpable  than  this.  The 
country  belonged  to  the  Six  Nations,  and  the  very  spot, 
upon  which  the  fort  stands,  is  included  within  a  patent 
to  Dellius,  the  Dutch  minister,  of  Albany,  granted  under 
the  great  seal  of  this  province  in  1696.  Besides,  nothing 
could  be  more  evident  than  the  danger  to  Vi^hich  it  ex- 
posed us.  Through  this  lake  the  French  parties  made 
their  ancient  bloody  incursions  upon  Schenectady,  the 
Mohawks'  castles,  and  Deerfield  ;  and  the  erection  of 
this  fort  was  apparently  adapted  to  facilitate  the  inroads 
of  the  enemy,  upon  the  frontiers  of  the  colonies  of 


280 


History  of  Nerv-  York. 


New- York,  Massachusetts  Bay,  and  New-Hampshire* 
For  it  served  not  only  as  an  asylum  to  fly  to  after  the 
perpetration  of  their  inhumanities,  but  for  a  magazine 
of  provisions  and  ammunition  ;  and  though  it  was  much 
above  120  miles  from  the  very  city  of  Albany,  yet  by 
the  conveyance  through  Sorel  river  and  the  lake,  it  may 
be  reinforced  from  Montreal  in  three  or  four  days/^ 

The  Massachusetts  government  foresaw  the  dangerous 
consequences  of  the  French  fort  at  Crownpoint,  and 
governour  Belcher  gave  us  the  first  information  of  it, 
in  a  letter  from  Boston  to  Mr.  Van  Dam.  He  inform* 
edhim  of  the  vote  of  the  general  court,  to  bear  their 
proportion  of  the  charge  of  an  embassage  to  Canada,  to 
forbid  the  works,  and  pressed  him  to  engage  the  oppo- 
sition of  the  Six  Nations.  Van  Dam  laid  the  letter  be- 
fore his  council,  on  the  4th  of  February,  1732  ;  who, 
with  singular  calmness,  advised  him  to  write  to  the  com- 
missioners of  Indian  affairs,  at  Albany,  ordering  them 
to  enquire  whether  the  land  belonged  to  the  confede- 
rates or  the  River  Indians.  That  Mr.  Van  Dam  ever 
wrote  to  the  commissioners,  I  have  not  been  able  to  dis- 
cover ;  nor  whether  any  complaint  of  the  encroachment 
was  sent  home,  according  to  the  second  advice  of  coun- 
cil on  the  11th  o£Februaj:y  ;  who,  besides  the  first  step. 


*  The  present  fort  at  Crownpoiut  is  said  to  be  a  square  with  four 
bastions,  and  a  high  castle  Avithin  the  walls.  It  has  no  ditch,  but  is 
strengthened  by  a  redoubt,  and  mounts  six  and  thirty  small  cannon. 
While  the  colony  forces,  consisting  of  about  four  thousand  militia,  lay 
at  lake  George,  employed  in  erecting  fort  William  Henry,  in  1755, 
the  French  threw  up  an  advanced  work  at  Ticonderoga,  near  the 
northeast  end  of  lake  George  ;  an  important  pass^  about  sixteen  mile? 
to  the  southward  of  fort  Frederick. 


History  of  Nerv-lTork. 


28i 


were  now  pleased  to  recommend  liis  transmitting  go- 
vernour  Belcher's  letter  and  the  Boston  vote  to  the  se-^ 
veral  southwestern  colonies. 

The  passiveness  we  discovered,  on  this  impudent  and 
dangerous  invasion  of  his  majesty's  rights,  is  truly- 
astonishing  ;  and  the  more  so,  as  the  crown  had,  at  that 
time,  four  independent  companies,  which  had  long  been 
posted  here  for  our  protection,  at  the  annual  expense 
of  about  7500/.  sterling.  A  very  good  scheme^  in  some 
measure,  to  repair  this  shameful  misconduct,  was  after- 
wards projected,  by  settling  the  lands  near  lake  George, 
with  loyal  protestant  Highlanders  from  Scotland.  Cap- 
tain Laughlin  Campbel,  encouraged  by  a  proclamation 
.  to  that  purpose,  came  over  in  1737,  and  ample  promises 
were  made  to  him.  He  went  upon  the  land,  viewed  and 
approved  it ;  and  was  entreated  to  settle  there,  even  by 
the  Indians,  who  were  taken  with  his  Highland  dress, 
Mr.  Clarke,  the  lieutenant  governour,  promised  him,  in 
a  printed  advertisement,  the  grant  of  30,000  acres  of 
land,  free  from  all  but  the  charges  of  the  survey  and 
the  king's  quitrent.  Confiding  on  the  faith  of  the  go- 
vernment, captain  Campbel  went  home  to  Isla,  sold  his 
estate,  and,  shortly  after,  transported,  at  his  own  ex- 
pense, eighty-three  protestant  families,  consisting  of 
four  hundred  and  twenty-three  adults,  besides  a  great 
number  of  children.  Private  faith  and  publick  ho- 
nour loudly  demanded  the  fair  execution  of  a  pro- 
jectj  so  expensive  to  the  undertaker  and  beneficial 
to  the  colony.  But  it  unfortunately  dropped,  through 
the  sordid  views  of  some  persons  in  power,  who  aimed 
at  a  share  in  the  intended  grant ;  to  which  Campbel^ 
who  was  a  man  of  spirit,  would  not  consent. 

Captain  Campbel,  afterwards,  made  an  attempt  to 
tedress  himself,  by  an  application  to  the  assembly  h«r©^ 

36 


History  of  New-Torh 


and  then  to  the  board  of  trade  in  England.  The  first 
proved  abortive,  and  such  were  the  difficulties  attending 
the  last,  that  he  left  his  colonists  to  themselves  ;  and, 
with  the  poor  remains  of  his  broken  fortune,  purchased 
a  small  farm  in  this  province.  JNo  man  was  better  qualifi- 
ed than  he,  for  the  business  he  had  engaged  in.  He  had  a 
high  sense  of  honour  and  a  good  understanding  :  was 
active,  loyal,  and  of  a  military  disposition.  For,  upon 
the  news  of  the  late  rebellion  in  Scotland,  he  went 
home;  fought  under  the  duke,  retmned  to  his  family, 
and  soon  after  died  ;  leaving  a  widow  and  several  ciiil- 
dren,  w  ho  still  feel  the  consequences  of  his  disappoint- 
ments. 

Mr.  Van  Dam  finished  his  administration,  on  the  1  st  of 
August,  1732  ;  when  William  Cosby,  esq.  arrived,  with 
a  commission,  to  govern  this  and  the  province  of  JNew- 
Jersey.  The  history  of  our  publick  transactions,  from 
this  period,  to  the  present  time,  is  full  of  important  and 
entertaining  events,  which  1  leave  others  to  relate.  A 
very  near  relation  to  the  author  had  so  great  a  concern 
in  the  piiblick  controversies  with  colonel  Cosby,  that 
the  history  of  those  times  will  be  better  received  from 
a  more  disinterested  pen.  To  suppress  truth,  on  the 
one  hand,  or  exaggerate  it,  on  the  other,  are  both  inex- 
cusable faults,  and  perhaps  it  would  be  difficult  for  me 
to  avoid  those  extremes.  Besides,  a  w  riter,  who  exposes 
the  conduct  of  the  living,  will  inevitably  meet  with  their 
fury  and  resentment.  The  prudent  historian  of  his  own 
times  will  always  be  a  coward,  and  never  give  fire,  till 
death  protects  him  from  the  malice  and  stroke  of  his 
enemy. 


HISTORY  OF  HEW-YORK, 


PART  VI. 

CHAPTER  L 
A  Geographical  Description  of  the  Comtry, 

The  province  of  New-York,  at  present,  contains 
Long  Island,  Staten  Island,  and  the  lands,  on  the  east 
side  of  Hudson's  river,  to  the  bounds  of  Connecticut. 
From  the  division  line  between  that  colony  and  the 
Massachusetts'  Bay^  northward,  to  the  line  between  us 
and  the  French,  we  claim  an  extent  to  Connecticut  ri- 
ver.^   On  the  west  side  of  Hudson's  river  from  the  sea 


*  The  grounds  of  this  claim  are  contained  in  the  foUowinw;  report  of 
a  committee  of  council,  to  governour  Clinton,  on  the  2d  of  March, 
1753,  which  was  drawn  up  by  Mr.  Alexander^ 
"  May  it  please  your  excellency, 

"  In  obedience  to  your  excellency's  order,  in  council,  of  the  3d  day 
of  July  last,  referring  to  a  committee  thereof  the  petitions  of  Konert 
Livingston,  jun.  esq.  and  of  the  owners  of  a  certain  tract  of  land  call- 
ed Westenhook,  complaining  of  new  claims  anfl  encroachments  made 
upon  their  lands  by  the  inhabitants  of  Massachusetts  Bay,  and  also 
the  surveyor  generafs  and  the  attorney  general's  reports  on  the  said 
two  petitions  :  the  committee  having  maturely  weighed  and  consi- 
dered of  the  same,  humbly  beg  leave  to  report  to  your  excellency  : 

1st,  That  they  apprehend  the  claims  of  Massachusetts  Bay  to 
ih^e  manor  of  Livingston,  or  the  said  tract  of  land,  Cdiled  W  estenhookj 


^84 


History  oj  New-York. 


to  the  latitude  of  4r  lies  New-Jersey.  The  line  of  par-^ 
tition  between  that  province  and  this,  from  that  latitude 

cannot  be  well  founded  ;  because  they  find  that  the  Dutch  claimed 
the  colony  of  New-Netherland,  as  extending  from  cape  Cod  to  cape 
Cornelius,  now  called  cape  llenlopen,  westward  of  Delaware  bay, 
along  the  sea  coast,  as  far  back  into  the  country  as  any  of  the  rivers 
within  those  limits  extend  ;  and  that  they  were  actually  possessed  of 
Connecticut  river,  long  before  any  other  European  people  knew  any 
thing  of  the  existence  of  such  a  river,  and  were  not  only  possessed  of 
the  mouth  of  it,  where  they  had  a  fort  and  garrison,  but  discovered  the 
river  above  an  hundred  miles  up,  had  their  people  trading  there,  and 
purchased  of  th«  natives  almost  all  the  lands  on  both  sides  of  the  said 
river, 

"  2dly,  That  governour  Stuyvesant,  the  Dutch  governour  of  the 
said  province,  by  his  letter,  dated  the  2d  of  September,  1664,  new 
style,  in  answer  to  a  letter  from  governour  Richard  ISicolls,  of  the 
August  preceding,  demanding  the  surrender  of  all  the  forts  and  places 
of  strength  possessed  by  the  Dutch  under  his  (governour  Stuyvesant's) 
command,  writes  as  follows  : — "  Moreover  it's  without  dispute,  and 
acknowledged  by  all  the  world,  that  our  predecessors,  by  virtue  of 
the  commission  and  patent  of  the  said  lords  the  States  General,  have, 
without  controul,  and  peaceablj'^  (the  contrary  never  coming  to  our 
knowledge)  enjoyed  fort  Orange  about  forty -eight  or  fifty  years  ;  and 
Manhattans  about  forty-one  or  forty-two  years  ;  the  south  river  forty 
years,  and  the  fresh  river  about  thirty-six  years."  Which  last  men- 
tioned river  the  committee  find  to  be  the  same  that  is  now  called 
Connecticut  river, 

"  3dly,  That  the  said  Dutch  governour  Stuyvesant  did,  in  the  year- 
1664,  surrender  all  the  country,  which  the  Dutch  did  then  possess,  to 
king  Charles  the  second,  and  that  the  States  General  made  a  cession 
thereof,  by  the  treaty  of  Breda,  in  the  year  lt367  :  that  the  Dutch  re- 
conquered part  of  this  province  in  1673,  and  surrendered  and  abso- 
lutely yielded  it  to  king  Charles  the  second,  in  1673-4,  by  the  treaty 
of  London  ;  and  that  in  the  year  1674,  king  Charles  granted  to  the 
duke  of  York  all  the  land  between  Connecticut  river  and  Delaware 
bay;  the  whole  of  these  lands  being  part  of  the  former  colony  ofNew» 
Netherland. 


History  of  New-York. 


285 


1o  the  other  station  on  Delaware,  is  unsettled.  From 
thence,  wheresoever  it  may  be  fixed,  we  claim  all  the 

"  4th,  That  the  fluke  of  York,  in  his  several  commissions  to  major 
Edmund  Aridross,  on  the  1  st  of  July,  1 674,  and  to  governour  Dongan, 
on  the  30th  of  September,  1 682,  among  other  descriptions  of  the  boun- 
daries of  this  province,  mentions  all  the  lands  from  the  west  side  of 
Connecticut  river  to  the  east  «ide  of  Delaware  bay  :  that  their  majes- 
ties, king  William  and  queen  Mary,  by  their  commission,  bearing  date 
the  fourth  day  of  January,  in  the  first  year  of  their  majesties'  reign, 
appointed  Henry  Sloughter  to  be  governour  of  the  province  of  New- 
York,  and  territories  depending  thereon  ;  the  boundaries  whereof,  to 
Connecticut  river,  on  the  east,  were  notorious,  by  the  grant  and  other 
commissions  aforesaid,  and  many  other  grants  and  commissions  relat- 
ing to  the  same. 

"  5th,  That  the  committee  apprehend  Connecticut  river  continued 
the  east  bounds  of  this  province,  until  the  28th  of  March,  1700,  when, 
b}^  king  William's  confirmation  of  an  agreement  between  this  province 
and  Connecticut,  the  western  bounds  of  that  colony  were  settled  at 
twenty  miles  from  Hudson's  river  :  and  they  cannot  find  any  other  al- 
teration in  the  eastern  bounds  of  this  province,  and  have  no  reason  to 
believe  any  other  was  made  before,  or  since,  that  time. 

6th,  That  king  James  the  first,  by  letters  patent,  bearing  date 
the  3d  of  November,  in  the  18th  year  of  his  reign,  granted  unto  the 
council  of  Plymouth,  from  forty  to  forty-eight  degrees  of  north  lati- 
tude inclusive;  in  which  there  is  a  recital  to  this  purpose  :  "  Now  for  as 
much  as  the  king  has  been  certainly  given  to  understand,  by  divers 
good  subjects,  that  have,  for  these  many  years,  frequented  those  coasts 
and  territories,  between  the  degrees  of  40  and  48,  that  there  are  no 
^ther  subjects  of  any  Christian  king  or  state,  or  by  any  authority 
from  their  sovereigns,  lords,  or  princes,  actually  in  possession  of  any 
of  the  said  lands  or  precincts,  whereby  any  right,  claim,  interest,  or 
title,  may  or  ought,  by  that  means,  to  accrue  or  belong  to  them,"  &c. 
And  also  a  proviso  in  these  words,  "  Provided  always,  that  the  said 
lands,  islands,  or  any  of  the  premises,  by  the  said  letters  patent  in- 
tended or  meant  to  be  granted,  were  not  then  actually  possessed  or  in- 
habited by  any  other  Christian  power  or  state."  Which  patent,  the 
committee  conceive,  could  not  vest  any  thing  in  the  grantees,  by 


286 


llistory  of  New-Yorh 


lands,  on  the  east  side  of  Delaware,  to  the  north  line  of 
Pennsylvania  ;  and  all  the  territory,  on  both  sides  of 

re^ison  of  the  said  recital  and  condition  upon  which  it  was  granted  ; 
part  of  the  premises  being  then  actually  possessed  by  the  Dutch,  and 
most  of  the  said  colony  of  New-Netherland  being  within  the  bounds 
thereof. 

"  7th,  That  the  council  of  Plymouth,  by  their  deed,  dated  the  19th 
of  March,  in  the  third  year  of  king  Charles  the  first,  granted  to  sir 
Henry  Rosswell  and  others,  part  of  what  was  supposed  to  be  granted 
by  the  said  letters  patent,  which  grant,  from  the  said  council  of  PJy- 
moulh,  the  committee  take  to  be  void,  as  founded  upon  the  said  void 
patent. 

"^Sth  That  he,  the  said  sir  Henry  Rosswell,  and  others,  obtained  a 
grant  and  confirmation  thereof,  from  the  crown,  under  the  great  seal 
of  England,  dated  the  4th  of  March,  in  the  fourth  year  of  king  Charles 
the  first,  within  which  grant  and  confirmation,  the  province  of  Massa- 
chusetts Bay  is  included  ;  which  grant  and  confirmation  was  adjudg- 
ed voi<l  in  the  high  court  of  chancery  of  England,  in  the  year  1684. 
And  the  committee  are  of  opinion,  that  nothing,  to  the  westward  of 
Connecticut  river,  could  pass  by  that  grant  and  confirmation  ;  for  that 
his  majesty  could  not  have  had  an  intention  to  grant  the  same,  it  be- 
ing then  possessed  by  the  Dutch,  as  before  mentioned. 

"  9th,  That  the  committee  conceive  the  inhabitants  of  Massachu- 
setts Bay  can  claim  nothing  at  present,  but  what  is  granted  them  by 
their  last  charter,  in  1691  ;  all  their  other  grants  and  charters  being 
either  void  of  themselves,  or  declared  so  in  the  chancery  of  England* 

"  10th,  That  the  bounds,  granted  by  this  charter,  are  westward  as 
far  as  the  colonies  of  Rhode  Island,  Connecticut,  and  the  Narraganset 
country  :  which  words  being  in  the  case  of  a  grant  from  the  crown, 
the  committee  conceive,  cannot  extend  their  bounds  farther  than  to 
Connecticut  colony,  and  therefore  not  to  Connecticut  river,  and  much 
less  to  the  westward  of  it ;  because  Connecticut  itself,  at  the  time  of 
that  chj^rter,  did  not,  in  the  knowledge  of  the  crown,  extend  west- 
ward of  that  river;  nor  did  till  nine  years  after,  when,  by  the  royal 
approbation,  the  agreement  between  this  province  and  that  colony 
taking  place,  (which  was  not  to  be  in  force  till  such  approbation)  the 
bounds  of  that  colony  were  settled  as  is  before  mentioned  :  and  th« 


History  of  Ne/v-YorJc. 


287 


the  Mohawks  river,  and  westward  to  the  isthmus  at  Ni- 
agara :  in  a  word,  all  the  country  belonging  to  th6 

committee  conceive  it  to  be  against  reason,  to  suppose  that  the  crown 
intended,  by  the  said  charter,  to  grant  any  part  of  the  province  of 
New- York,  under  the  then  immediate  government  of  the  crown,  with- 
out express  mention  thereof  in  the  charter  ;  and  without  notification 
thereof  to  Henry  Sloughter,  then  governour  of  this  province,  that  the 
crovvn  had  granted  such  a  part  of  what  was  before  within  his  jurisdic- 
tion, by  their  majesties'  commission  aforesaid  to  him. 

"  11th,  That  both  the  patents,  under  which  the  petitioners  claim, 
the  committee  find  were  granted  under  the  great  seal  of  this  province  ; 
that  of  the  manor  of  Livingston,  in  1686,  and  that  of  Westenhook,  in 
1735.  And  that  the  lands  contained  in  the  said  grants  are,  the  com- 
mittee apprehend,  within  the  jurisdiction  of  this  province,  they  being 
both  west  of  Connecticut  river. 

"  12th,  That  the  committee  are  of  opinion,  the  attempts  of  the  inha- 
bitants of  Massachusetts  Bay,  to  make  encroachments  upon  any 
lands,  granted  by  letters  patent,  under  the  great  seal  of  New-York,  or 
upon  any  lands  within  the  jurisdiction  of  this  province,  are  disre- 
spectful to  his  majesty's  authority,  tend  to  the  disturbance  of  the  sub- 
jects of  this  province,  and  may  be  the  cause  ol  great  mischiefs  and 
disorders. 

"13th,  That  the  steps  taken  by  the  said  inhabitants,  even  were 
the  bounds  of  this  province  doubtful  and  unsettled,  are  intrusions,  and 
disrespectful  to  his  majesty's  authority. 

"  And,  lastly,  The  committee  are  of  opinion,  that  a  copy  of  so 
much  of  this  report,  as  shall  be  approved  of  by  your  excellency  and  the 
council,  be  transmitted  to  the  lieutenant  governour  of  the  province  of 
Massachusetts  Bay,  requesting  that  he  would  take  effectual  measures 
that  all  encroachments  a^d  disturbances,  by  the  people  of  that  colony 
on  his  majesty's  subjects  of  this  province,  be  stayed  ;  and  that  he 
would  lay  this  matter  before  the  next  general  court,  that  they  may 
inform  your  excellency  by  what  warrant  they  claim  or  exercise  any 
light  to  soil  or  jurisdiction,  westward  of  Connecticut  river  ;  that  the 
same  may  be  considered,  and  such  steps  taken  towards  removing  all 
^uses  of  encroachments,  or  difelurbances,  for  the  future,  as  may 


288 


History  of  New-York. 


crown  of  Great  Britain,  not  already  granted  ;  for  we  are 
to  consider  New-York,  among  iier  sister  colonies,  to 
borrow  a  law  plirase,  as  a  residuary  legatee. 

Hence  we  have,  from  the  beginning,  been  exposed  to 
controversies  about  limits.  The  New-Jersey  claim  in- 
cludes several  hundred  thousand  acres,  and  has  not  a 
little  impeded  the  settlement  of  the  colony.  The  dis- 
pute with  the  Massachusetts'  Bay  is  still  more  important 
and,  for  several  years  past,  occasioned  very  considera- 
ble commotions.  The  New-Hampshire  pretensions  have, 
as  yet,  exposed  us  to  no  great  trouble.  But  when  all 
those  claims  are  settled,  a  new  controversy  will  pro- 
bably commence  with  the  proprietaries  of  Pennsylva- 
nia. 

This  province  was,  in  1691,  divided,  by  an  act  of  as- 
sembly, into  twelve  counties,  which  I  shall  describe  in 
their  order. 

CITY  AND  COUNTY  OF  NEW-YORK. 

The  city  of  New- York,  at  first,  included  only  the 
island,  called,  by  the  Indians,  Manhattans.  Manning's 

agreeable  to  equity  and  justice  :  to  the  end,  that  good  understanding 
may  be  preserved,  which  ought  to  subsist  between  fellow  subjeetg 
Und  neighbouring  provinces. 

All  which  is  nevertheless  humbly  submitted. 
"  By  order  of  the  committee, 

"  James  De  Lancey,  Chairman." 
The  government  of  Massachusetts  Bay  never  exhibited  the  reasons 
of  their  claim,  in  answer  to  this  report,  but  continued  their  encroach- 
ments :  and,  in  the  spring,  1755,  surveyed  and  sold  lands,  lying  seve- 
ral miles  west  of  the  eastern  extent  of  the  manor  of  Livingston  and 
the  patent  of  Claverack- 


History  of  JServ-York, 


289 


inland,  the  two  Barn  islands  and  the  three  oyster  islands 
were  iii  the  county.  But  the  limits  of  the  city  have  since 
been  augmented  by  charter.  The  island  is  very  narrow, 
not  a  mile  wide  at  a  medium,  and  about  fourteen  miles 
in  length.  The  southwest  point  projects  into  a  fine  spa- 
cious bay,  nine  miles  long  and  about  four  in  breadth  ; 
at  the  confluence  of  the  waters  of  Hudson's  river,  and 
the  streight  between  Long  Island  and  the  northern 
shore.  The  narrows,  at  tlje  south  end  of  the  bay,  is 
scarce  two  miles  wide,  and  opens  the  ocean  to  full  vieWo 
The  passage  up  to  New- York  from  Sandy  Hook,  a  point 
that  extends  farthest  into  the  sea,  is  safe,  and  not  above 
five  and  twenty  miles  in  length.  The  common  naviga- 
tion is  between  the  east  and  west  banks,  in  two  or  three 
and  twenty  feet  water.  But  it  is  said  that  an  eighty  gun 
ship  may  be  brouglit  up,  through  a  narrow,  winding, 
unfrequented  channel,  between  the  north  end  of  the 
east  bank  and  Coney  island. 

The  city  has,  in  reality,  no  nati^^al  bason  or  harbour^ 
The  ships  lie  ofl"  in  the  road,  on  the  east  side  of  the 
town,  w^hich  is  docked  out,  and  better  built  than  the 
west  side,  because  the  freshets  in  Hudson's  river,  fill  it, 
in  some  winters,  w  ith  ice. 

The  city  of  New- York,  as  I  have  elsewhere  had  occa« 
sion  to  mention,  "  consists  of  about  two  thousand  five 
hundred  buildings.  It  is  a  mile  in  length,  and  not  above 
half  that  in  breadth.  Such  is  its  figure,  its  centre  of  busi- 
ness, and  the  situation  of  the  houses,  that  the  mean  cart- 
age from  one  part  to  anotfier,  does  not  exceed  above 
one  quarter  of  a  mile,  than  which  riothing  can  be  more 
advantageous  to  a  trading  city." 

It  is  thought  to  be  as  healthy  a  spot  as  any  in  the 
world.    The  east  and  south  parts,  in  general,  are  low, 

37 


290 


History  of  New-York. 


but  the  rest  is  situated  on  a  dry,  elevated  soil.  The 
streets  are  irregular,  but,  being  paved  ^^ith  round  peb- 
bles, are  clean,  and  lined  with  well  built  brick  houses, 
many  of  which  are  covered  with  tiled  roofs. 

No  part  of  America  is  supplied  with  markets  abound- 
ing with  greater  plenty  and  variety.  We  have  heef, 
pork,  mutton,  poultry,  butter,  wild  fowl,  venison,  fish, 
roots,  and  herbs,  of  all  kin  is,  in  their  seasons.  Our  oys- 
ters are  a  considerable  article  in  the  support  of  the  poon 
Their  beds  are  within  view  of  the  town  ;  a  fleet  of  two 
hundred  small  craft,  are  often  seen  there,  at  a  time,  when 
the  weather,  is  mild  in  winter  ;  and  this  single  article 
is  computed  to  be  worth  annually  10  or  12,000/. 

T  his  city  is  the  metropolis  and  grand  mart  of  the  pro- 
vince, and,  by  its  commodious  situation,  commands  al- 
so all  the  trade  of  the  western  part  of  Connecticut,  and 
that  of  East  Jersey.  "  JNo  se;^son  prevents  our  ships 
from  launching  out  into  the  ocean.  During  tlie  great- 
est severity  of  winter,  an  equal,  unrestrained  activity 
runs  through  all  ranks,  orders,  and  employments." 

Upon  the  southwest  point  of  the  city  stands  the  fort, 
which  is  a  square  with  four  bastions.  Within  the  walls 
is  the  house  in  wtiii  h  our  governours  usually  re^^ide  ; 
and  opposite  to  it  brick  barracks,  built,  formerly,  for 
the  independent  companies.  The  governour's  house 
is  in  height  three  stories,  and  fronts  to  the  w^est ;  hav- 
ing, from  the  second  story,  a  fine  prospect  of  the  bay 
and  the  Jersey  shore.  At  the  south  end  thv  re  was  for- 
merly a  chapel,  but  this  was  burnt  down  in  the  negro 
conspiracy,  of  the  spring,  1741.  According  to  gover- 
nour  Burnet's  observations,  this  fort  stands  in  tlie  lati- 
tude of  40^  42'  N. 


History  of  Nen^-Yorlc. 


291 


Pel'^w  \hr^  walls  of  the  garrison,  near  the  water,  we 
have  lat  ly  raised  a  line  of  f  )rtiiications,  which  coni- 
m  inds  the  entrance  into  the  eastern  road  and  the  mouth 
of  Hudson's  river.  This  battery  is  built  of  stone,  and 
the  merlons  consist  of  cedar  joists,  filled  in  with  earth. 
It  mounts  ninety  two  cannon,  and  these  are  all  the 
works  we  have  to  defend  us.  About  six  furlongs, 
sr»ntheast  of  the  f)rt,  lies  Notten  island,  containing 
about  one  hundred  or  one  hundred  and  twenty  acres,  re- 
served, by  an  act  of  assembly,  as  a  sort  of  demense  for 
the  s;overnours,  upon  which  it  is  proposed  to  erect  a 
stmng  castle,  because  an  enemy  might  from  thence  ea- 
sily bombard  the  city,  withi>ut  being  annoyed  either  by 
our  battery,  or  the  fort.  During  the  late  war  a  line  of 
palisadoes  was  run  from  Hudson's  to  the  East  river,  at 
the  otiier  end  of  the  city,  with  bhick  houses  at  small 
distances.  The  greater  part  of  these  still  re  fiain  as  a 
monu  nent  of  our  folly,  which  cost  the  province  about 
800J/. 

The  inhabitants  of  New-York  are  a  mixed  people, 
but  inostly  descended  from  the  original  Dutch  planters. 
There  are  still  two  churches,  in  which  religious  wor- 
ship is  performed  in  that  language.  The  old  building 
is  of  stone  and  ill  built,  ornamented  within  by  a  small 
organ  loft  and  brass  branches.  The  new  church  is  a 
high,  heavy  edifice,  has  a  very  extensive  area,  and  was 
completed  in  1729.  It  has  no  galleries,  and  yet  will 
perhaps  contain  a  thousand  or  twelve  hundred  auditors. 
Tiie  st  eeple  of  this  church  affords  a  most  beautiful  pro- 
spect, both  of  the  city  ben  ath  and  the  surrounding 
country.  The  Dutch  congregation  is  more  nuiuerous 
than  any  other,  but  as  the  language  becoines  disused, 
it  is  much  diminished ;  aiid  unless  they  change  their 


292 


Historif.oJ  New-York. 


worship  into  the  English  tongue,  must  soon  suffer  a  to- 
tal dissipation.  They  have  a1  present  two  niinisters  : 
the  reverend  messieurs  Ritzma  and  De  Ronde,  who  are 
both  strict  Calvinists.  Their  church  was  incorporated 
on  the  11th  of  May,  1696,  by  the  name  of  the  minister, 
elders,  and  deacons,  of  the  reformed  protestant  Dutch 
church  of  the  city  of  New-York,  and  its  estate,  after 
the  expiration  of  sundry  long  leases,  will  be  worth  a 
very  great  income/^' 

All  the  Low  Dutch  congregations,  in  this  and  the  pro- 
vince of  New-Jersey,  worship  after  the  manner  of  the 
reformed  church  in  the  United  Provinces.  With  re- 
spect to  government,  they  are  in  principle  presbyteri- 
ans;  but  yet  hold  themselves  in  subordination  to  the  clas- 
sis  of  Amsterdam,  who  sometimes  permit,  and  at  other 
times  refuse,  them  the  powers  of  ordination.  Some  of 
their  ministers  consider  such  a  subjection  as  anti  consti- 
tutional, and  hence,  in  several  of  their  late  annual  con- 
ventions, at  New-York,  called  the  Coetus,  some  debates 
have  arisen  among  them  ;  the  majority  being  inclined 
to  erect  a  classis,  or  ecclesiastical  judicatory,  here,  for 
the  government  of  their  churches.  Those  of  their  min- 
isters, who  are  natives  of  Europe,  are,  in  general,  averse 
to  the  project.  The  expense  attending  the  ordination 
of  their  candidates,  in  Holland,  and  the  reference  of 
their  disputes  to  the  classis  of  Amsterdam,  is  very  con- 
siderable ;  and  with  what  consequences,  the  interrup- 
tion of  their  correspondence  w  ith  the  European  Dutch, 
"would  be  attended,  in  c^se  of  a  war,  well  deserves  their 
eonsideration. 

*  Their  charter  was  confirmecl  by  a  late  act  of  assembly,  ratified  by 
his  majesty,  whidi  recites  the  viiith  article  of  the  surrender,  in 


History  of  New- York. 


293 


There  are,  besides  the  Dutch,  two  episcopal  churches 
in  this  city,  upon  the  plan  of  the  established  church  in 
South  Britain.  Trinity  church  was  built  in  1696,  and 
afterwards  enlarged  in  1737.  It  stands  very  pleasantly 
upon  the  banks  of  Hudson's  river,  and  has  a  large  ce- 
metery, on  each  side,  inclosed  in  the  front  by  a  painted 
paled  fence.  J3efore  it  a  long  walk  is  railed  off  from 
the  Broad  way,  the  pleasantest  street  of  any  in  the 
whole  town.  This  building  is  about  one  hundred  and 
forty-eight  feet  long,  including  the  tower  and  chancel, 
and  seventy-two  feet  in  breadth.  The  steeple  is  one 
hundred  and  seventy-five  feet  in  height,  and  over  the 
door  facing  the  river  is  the  following  inscription  : 
PER  ANGUSTAM. 

"  Hoc  Trinitatis  Templum  fundatum  est  Anno  Reg- 
ni  illustrissirni,  supremi  Domini  Guliebni  tertii,  Dei 
Gratia,  Angliae,  Scotiae,  Francise  et  Hiberniae  Regis, 
Fidei  Defensoris,  &c.  Octavo,  Annoq.  Domini  1696. 

"  Ac  voluntaria  quorundam  contributione  ac  Donis 
^dificatum,  maxime  autem,  dilecti  Regis  Chiliarchae 
Benjamini  Fletcher,  hujus  provincise  strateeci  et  Im- 
peratoris,  Munificentia  animatum  et  auctum,  cujus  tem- 
pore moderaminis,  hujus  Civitatis  incolae,  Religionem 
protestantem  Ecclesiae  Anglicana^,  ut  secundum  Le- 
gem nunc  stabilitae  profitentes,  quodam  Diplomate,  sub 
Sigillo  ProvincicC  incorporati  sunt,  atque  alias  plurimas, 
ex  Re  sua  familiari,  Donationes  notabiles  eidem  de- 
dit." 

The  church  is,  within,  ornamented  beyond  any  other 
place  of  publick  worship  among  us.  The  head  of  the 
chancel  is  adorned  with  an  altarpiece,  and  opposite  to 
it,  at  the  other  end  of  the  building,  is  the  organ.  The 
tops  of  tne  pillars,  which  support  the  galleries,  are  deck- 


294 


History  of  New-YorJc. 


ed  with  Ihe  busts  of  ano;els  va  ino;ed.  From  the  ceil- 
ing are  susj^ended  two  glass  branches,  and  on  the  walls 
hang  the  ariTis  of  some  of  its  principal  benefactors.  The 
aisles  are  paved  with  flat  stones. 

The  present  rector  of  this  church  is  the  rev.  Mr.Hen- 
ry  Barclay,  formerly  a  missionary  among  the  Mohawks, 
who  receives  100/.  a  year,  levied  upon  all  the  other 
clergy  and  laity  in  the  city,  by  virtue  of  an  act  of  as- 

mbly  procured  by  governour  Fletcher.  He  is  assibted 
by  Dr.  Johnson  and  Mr.  Auchmuty. 

This  congregation,  partly  by  the  arrival  of  strangers 
from  Europe,  but  principally  by  proselytes  from  the 
D^tch  churches,  is  become  so  numerous,  that  though 
the  old  Tuiiding  will  contain  two  thousand  hearers,  vet 
a  new  one  was  erected  in  1752.  This,  called  St. 
George's  chapel^  is  a  very  great  edifice,  faced  with  hewn 
stone  and  tiled.  The  steeple  is  lofty ,t  but  irregular  ; 
and  its  situation  in  a  new,  crouded,  and  ill  built  part 
of  the  town. 

The  rector,  churchwardens,  and  vestrymen  of  Trinity 
church,  are  incoiporated  by  an  act  of  assembly,  which 
grants  the  two  last  the  advowson  or  right  of  presenta- 
tion ;  but  enacts,  that  the  rector  shall  be  instituled  and 
inducted  in  a  manner  most  agreeable  to  the  king's  in- 
structions to  the  governour,  and  the  canonical  right  of 
the  bishop  of  London.  Their  worsliip  is  conducted  af- 
ter the  mode  of  the  church  of  England  ;  and  with  re- 
spect to  government,  they  are  euipowered  to  make  rules 
and  orders  for  themselves,  being,  if  I  may  use  the  ex- 
pression, an  independent  ecclesiastical  corporation. 

*  The  Ieno;th,  exclusive  of  the  chancel,  nioety-two  feet,  and  its 
breadth  twenty  feet  less. 

t  One  huftdred  and  seventy-five  feet. 


History  of  New-York. 


295 


'l^he  revenue  of  this  church  is  restricted,  by  an  a  *tof 
assembl; ,  to  500/.  per  annum  ;  but  it  is  possessed  of  a 
real  estate,  at  the  north  end  of  Ihe  town,  which,  having 
been  lately  div  ided  into  lots  and  lei  to  farm,  will,  in  a 
few^  years,  produce  a  much  i^reater  incoiue. 

The  presbyterians,  increasing  after  lord  Cornbury^s 
return  to  En<>land,  called  Mr.  Anderson,  a  Scotch  fiiin- 
ister,  to  the  pastoral  charge  of  their  congregation  ;  and 
Dr.  John  Nicol,  Patrick  Mac  Night,  Gilbert  Livingston 
and  Thomas  Smith,  purchased  a  piece  of  ground  and 
founded  a  church,  in  1719.  Two  years  afterwards  they 
petitioned  colonel  Schuyler,  who  had  then  the  chief 
command,  for  a  charter  of  incorporation,  to  secure  tl;eir 
estate  for  religious  worship,  upon  the  plan  of  the  chun  li 
in  North  Britain  ;  but  were  disappointed  in  their  expec- 
tations, through  the  opposition  of  the  episcopal  party. 
Tliey,  shortly  after,  renewed  their  request  to  governour 
Burnet,  who  referred  the  petition  to  his  council.  The 
episcopalians  again  violently  opposed  the  grant,  and  the 
governour,  in  1724,  wrote  upon  the  subject  to  the  lordis 
of  trade  for  their  direction.  Counsellor  West,  who  was 
then  consulted,  gave  his  opinion  in  these  words :  "  Upon 
consideration  of  the  several  acts  of  uniformity  that  have 
passed  in  Great  Britain,  I  am  of  opinion  that  they  do 
not  extend  to  New- York,  and  consequently  an  act  of 
toleration  is  of  no  use  in  that  province ;  and,  therefore, 
as  there  is  no  provincial  act  for  uniformity,  according 
to  the  church  of  England,  I  am  of  opinion,  that,  by  law, 
such  patent  of  incorporation  may  be  granted,  as 
by  the  petition  is  desired.  Richard  West^  20  August, 
1724/' 

After  several  years  solicitation  for  a  charter,  in  vain^ 
and  fearful  that  those  who  obstructed  such  a  reasonaole 


296 


History  of  New-York. 


request,  would  watch  an  opportunity  to  give  them  a 
more  efTectual  wound  ;  those,  among  the  presbyterians, 
who  were  invested  with  the  fee  simple  of  the  church  and 
ground,  "  conveyed  it,  on  the  16th  of  March,  1730,  to 
the  moderator  of  the  general  assembly  of  the  church  of 
Scotland  and  the  commission  thereof,  (he  moderator  of 
the  presbytery  of  Edinburgh,  the  principal  of  the  col- 
lege of  Edinburgh,  the  professor  of  divinity  therein,  and 
the  procurator  and  agent  of  the  church  of  Scotland,  for 
the  time  being,  and  their  successqrs  in  office,  as  a  com- 
mittee of  the  general  assembly."  On  the  15th  of  August, 
1732,  the  church  of  Scotland,  by  an  instrument  under 
the  seal  of  the  general  assembly,  and  signed  by  Mn 
Niel  Campbell,  principal  of  the  university  of  Glasgow, 
and  moderator  of  the  general  assembly  and  commission 
thereof ;  Mr.  James  Nesbit,  one  of  the  ministers  of  the 
gospel  at  Edinburgh,  moderator  of  the  presbytery  of 
Edinburgh  ;  Mr.  William  Hamilton,  principal  of  the 
university  of  Edinburgh  ;  Mr.  James  Smith,  professor 
of  divinity  therein ;  and  Mr.  William  Grant,  advocate 
procurator  for  the  church  of  Scotland,  for  the  time  be- 
ing ;  pursuant  to  an  act  of  the  general  assembly,  dated 
the  8th  of  May,  1731,  did  declare,  "  that  notwithstand- 
ing the  aforesaid  right  made  to  them  and  their  succes- 
sors in  office,  they  were  desirous,  that  the  afore- 
said building  and  edifice  and  appurtenances  there- 
of, be  preserved  for  the  pious  and  religious  purposes 
for  which  the  same  were  designed ;  and  that  it  should 
be  free  and  lawful  to,  the  presbyterians  then  resid- 
ing, or  that  should  at  any  time,  thereafter,  be  resi- 
dent, in,  or  near,  the  aforesaid  city  of  New- York,  in 
America,  or  others  joining  with  them,  to  convene, 
in  the  foresaid  church,  for  the  w^orship  of  God  m 


History  of  New- York. 


297 


all  the  parts  thereof,  and  for  the  dispensation  of  all  gos- 
pel ordinances  ;  and,  generally,  to  use  and  occupy  the 
said  church  and  its  appurtenances,  fully  and  freely  in 
all  times  coming,  they  supporting  and  maintaining  the 
edifice  and  appurtenances  at  their  own  charge." 

Mr.  Anderson  was  succeeded,  in  April,  1727,  by  the 
rev.  Mr.  Ebenezer  Pemberton,  a  man  of  polite  breed- 
ing, pure  morals,  and  warm  devotion  ;  under  whose  in- 
cessant labours  the  congregation  greatly  increased,  and 
was  enabled  to  erect  the  present  edifice  in  1748.  It  is 
built  of  stone,  railed  off  from  the  street,  is  eighty  feet 
long  and  in  breadth  sixty.  The  steeple,  raised  on  the 
south  west  end,  is  in  height  one  hundred  and  forty-five 
feet.  In  the  front  to  the  street,  between  two  long  win- 
dows, is  the  following  inscription  gilt  and  cut  in  a  black 
slate  six  feet  in  length. 

Auspicante  Deo 
Hanc  eedem 
Cultui  divino  sacram 
In  perpetuum 
celebrando, 
A.  D.  MDCCXIX. 
Primo  fundatam  ; 
Denuo  penitus  reparatam 
et 

Ampliorem  et  ornatiorem 
A.  D.  MDCCXLVIII 
Constructam, 
Neo-Eboracenses  presbyteriani 
In  suum  et  suorum  usum 
Condentes^ 
38 


298 


History  of  New-Yorlc. 


In  hac  voti'  a  tabula 
D  D  D  Q. 

-51^  ^ 

Concordia,  amore 
Necnon  fidei  cultus  et  morum 
Puritate 
Suffulta,  clariusq.  exornata, 

Annuente  Chiisto, 
Longum  perduret  in  2evum. 

Mr.  Alexander  Gumming,  a  young  gentleman  of 
learning  and  singular  penetrrjtion,  was  chosen  coUeai^ue 
to  Mr.  Pemberton,  in  1750  :  but  both  were  dismissed, 
at  their  request,  about  three  years  afterwards  ;  the  for- 
mer through  indisposition,  and  the  latter  on  account  of 
trifling  contentions,  kindled  by  the  bigotry  and  igno- 
rance of  the  lower  sort  of  people.    These  debates  con-^ 
tinned  till  they  were  closed,  in  April,  1756,  by  a  deci- 
sion of  the  synod,  to  which  almost  all  our  presbyterian 
churches,  in  tliis  and  the  southern  provinces,  are  sub- 
ject.   The  congregation  consists,  at  present,  of  twelve 
or  fourteen  hundred  souls,  under  the  pastoral  charge  of 
the  reverend  Mr.  David  Bostwick,  who  was  lately  trans- 
lated from  .lamaica  to  New-York,  by  a  synodical  de- 
cree.   He  is  a  gentleman  of  a  mild,  catholick  disposi- 
tion ;  and  being  a  man  of  piety,  prudence  and  zeal, 
confines  himself  entirely  to  the  proper  business  of  his 
function.    In  the  art  of  preaching  he  is  one  of  the  most 
distinguislied  clergymen  in  these  parts.    His  discourses 
are  methodical,  sound,  and  pathetick  ;  in  sentimei^t,  and 
in  poiiit  of  diction,  singularly  ornamented.    He  deli- 
vers himself  without  notes,  and  yet  with  great  ease  and 
fluency  of  expression  ;  and  performs  every  part  of  di- 
fine  worship  with  a  striking  solemnity* 


History  oj  New-York. 


299 


The  French  church,  by  the  contentions  in  1724,  and 
the  disuse  of  the  lan«;uage,  is  now  reduced  to  an  incon- 
siderable handful.  The  building,  which  is  of  stone, 
is  nearly  a  square,'^  plain  both  within  and  without.  It  is 
fenced  from  the  street,  has  a  steeple  and  a  bell,  the  lat- 
ter of  which  was  the  gift  of  sir  Henry  Ashurst,  of  Lon- 
don. On  the  front  of  the  church  is  the  following  in- 
scription : 

iEDES  SACRA 
GALLOR.  PROT. 
REFORM. 
FViNDA.  1704. 

PENITVS 
REPAR.  1741. 

The  present  minister,  Mr.  Carle,  is  a  native  of 
France,  and  succeeded  Mr.  Rou  in  1754.  He  bears  aa 
irreproachable  character,  is  very  intent  upon  his  studies, 
preaches  moderate  Calvinism,  and  speaks  with  proprie- 
ty, both  of  pronunciation  and  gesture. 

The  German  Lutheran  churches  are  two.  Both  their 
places  of  worship  are  small  :  one  of  them  has.  a  cupola 
and  bell. 

The  Quakers  have  a  meetinghouse,  ^nd  the  Mora* 
vians,  a  new  sect  among  us,  a  church,  consisting  princi- 
pally of  female  proselytes  from  other  societies.  Their 
service  is  in  the  English  tongue. 

The  Anabaptists  assemble  at  a  small  meetinghouse, 
but  have  as  yet  no  regular  settled  congregation.  The 
Jews,  who  are  not  inconsiderable  for  their  numbers, 
worship  in  a  synagogue,  erected  in  a  very  private  part 
of  the  town,  plain  without,  but  very  neat  within. 

*  The  area  is  seveaty  feet  long,  and  in  breadth  fifty. 


300 


History  of  New-York. 


The  city  hall  is  a  strong  brick  building,  two  stories 
in  height,  in  the  shape  of  an  oblong,  winged  with  one 
at  each  end,  at  right  angles  with  the  first.  The  floor 
below  is  an  open  walk,  except  two  jails,  and  the  jailor's 
apartments.  The  cellar  underneath  is  a  dungeon,  and 
the  garret  above  a  common  prison.  This  edifice  is 
erected  in  a  place  where  four  streets  meet,  and  fronts, 
to  the  southwest,  one  of  the  most  spacious  streets  in 
town.  The  eastern  wing,  in  the  second  story,  consists 
of  the  assembly  chamber,  a  lobby,  and  a  small  room 
for  the  speaker  of  the  house.  The  west  wing,  on  the 
same  floor,  forms  the  council  room  and  a  library ;  and 
in  the  space  between  the  ends,  the  supreme  court  is  or- 
dinarily held. 

The  library  consists  of  a  thousand  volumes,  which 
were  bequeathed  to  the  society  for  the  propagation  of 
the  Gospel  in  foreign  parts,  by  Dr.  Millington,  rector  of 
JNewington.  Mr.  Humphry s,  the  society's  secretary,  in 
a  letter  of  the  23d  of  September,  1 728,  informed  gover- 
nour  Montgomerie,  that  the  society  intended  to  place 
these  books  in  New- York,  intending  to  establish  a  li- 
brary, for  the  use  of  the  clergy  and  gentlemen  of  this 
and  the  neighbouring  governments  of  Connecticut,  New- 
Jersey,  and  Penns}  Ivania,  upon  giving  security  to  re- 
turn (hem  ;  and  desired  the  governour  to  recommend 
it  to  the  assembly,  to  provide  a  place  to  deposit  the 
"books,  and  to  concur  ia  an  act  for  the  preservation  of 
them  and  others  that  mio;ht  be  added.  Governour 
IVlontgomerie  sent  the  letter  to  the  assembly,  who  or- 
dered it  to  be  laid  before  the  city  corporation,  and  the 
latter,  in  June,  1729,  agreed  to  provide  a  proper  reposi- 
tory for  ti.e  books,  which  were  accordingly  soon  after 


History  of  New-York. 


301 


sent  over.  The  greatest  part  of  them  are  upon  llieolo- 
gical  subjects,  and,  through  the  carelessness  of  the  keep- 
ers, many  are  missing. 

In  1754,  a  set  of  gentlemen  undertook  to  carry  about 
a  subscription  towards  raising  a  publick  library,  and  in 
a  few  days  collected  near  600/.  which  were  laid  out  in 
purchasing  about  seven  hundred  volumes  of  new,  well 
chosen  books.  Every  subscril^er,  upon  payment  of  51. 
principal,  and  the  annual  sum  of  lOs.  is  entitled  to  the 
use  of  these  books.  His  right,  by  the  articles,  is  assign- 
able, and  for  non  compliance  with  them  may  be  forfeit- 
ed. The  care  of  this  library  is  committed  to  twelve 
trustees,  annually  elected  by  the  subscribers,  on  the 
last  Tuesday  of  April,  who  are  restricted  from  making 
any  rules  repugnant  to  the  fundamental  subscription. 
This  is  the  beginning  of  a  library,  which,  in  pro- 
cess of  time  will  probably  become  vastly  rich  and  vo- 
luminous ;  and  it  would  be  very  proper  for  the  compa- 
ny to  have  a  charter  for  its  security  and  encourage- 
ment. The  books  are  deposited  in  the  same  room  with 
those  given  by  the  society. 

Besides  the  city,  hall,  there  belong  to  the  corporation, 
a  large  almshouse  or  place  of  correction,  and  the  ex- 
change, in  the  latter  of  which  there  is  a  large  room  rais- 
ed upon  brick  arches,  generally  used  for  publick  enter- 
tainments, concerts  of  musick,  balls  and  assemblies. 

Though  the  city  was  put  under  the  governmcDt  of  a 
mayor,  &c.  in  1665,  it  was  not  regularly  incorporated 
till  1686.  Since  that  time  several  charters  have  been 
passed  :  the  last  was  granted  by  governour  Montgo- 
nierie  on  the  15th  of  January,  1730. 

It  is  divided  into  seven  wards,  and  is  under  the  go- 
vernment of  a  mayor,  recordei%  seven  aldermen,  and  as 


302 


History  of  New-York. 


many  assistants  or  common  councilmen.  The  mayor^ 
a  sherifl*  and  coroner,  are  annually  appointed  by  the 
governour.  The  recorder  has  a  patent  during  pleasure. 
The  aldermen,  assistants,  assessors  and  collectors,  are 
annually  elected  by  the  freemen  and  freeholders  of  the 
respeclive  wards.  The  mayor  has  the  sole  appoint- 
ment of  a  deputy,  and,  together  with  four  aldermen, 
may  app  dnt  a  cliamberlain.  The  mayor,  or  recorder, 
four  aldermen,  and  as  many  assistants,  form  "  The  com- 
mon  council  of  the  city  of  New- York  f  and  this  body, 
by  a  majority  of  voices,  hath  power  to  make  bye  laws 
for  the  government  of  the  city,  which  are  binding  only 
for  a  year,  unless  confirmed  by  the  governour  and  coun- 
cil. They  have  many  other  privileges  relating  to  fer- 
riages, markets,  fairs,  the  assize  of  bread,  wine,  &c.  and 
the  licensing  and  regulation  of  tavern  keepers,  cartage, 
and  the  like.  The  mayor,  his  deputy,  the  recorder  and 
aldermen,  are  constituted  justices  of  the  peace  ;  and 
may  hold  not  only  a  court  of  record  once  a  week,  to 
take  cognizance  of  all  civil  causes,  but  also  a  court  of 
general  quarter  sessions  of  the  peace.  They  have  a 
common  clerk,  commissioned  by  the  governour,  who  en- 
joys an  appointment  worth  about  four  or  five  hundred 
pounds  per  annum.  The  annual  revenue  of  the  corpo- 
ration is  near  two  thousand  pounds.  The  standing  mi- 
litia of  the  island  consists  of  about  twenty -three  hun- 
dred men,^  and  the  city  has  in  reserve,  a  tliousand  stand 
of  arms  for  seamen,  the  poor  and  others,  in  case  of  an 
invasion. 

*  The  whole  uuniber  of  the  inhabitants,  exclusive  of  femaks  above 
sixty,  accordiiio^  to  a  list  returned  to  the  governour,  in  the  springs 
1756,  amounted  to  10,468  whUes,  and  2,275  negroes;  but  that  ac- 
count is  erroneous.  It  is  most  probable  that  there  are  in  the  ciij 
15,000  souls. 


History  of  New- York. 


303 


The  north  eastern  part  of  New- York  island,  is  inlia- 
bited,  principally,  by  Dutch  farmers,  who  have  a  small 
village  there  called  Haerlem,  pleasantly  situated  on  a 
flat  cultivated  for  the  city  markets. 

WESTCHESTER. 

This  county  is  large,  and  includes  all  the  land  be- 
yond the  island  of  Manhattans,  along  the  sound,  to  the 
Connecticut  line  which  is  its  eastern  boundary.  It  ex- 
tends northward  to  the  middle  of  the  highlands,  arid 
westward  to  Hudson's  river.  A  great  part  of  this  c^  )un- 
ty  is  contained  in  the  manors  of  Philipsburgh,  Pelham, 
Fordham,  and  Courtlandt,  the  last  of  which  has  the 
privilege  of  sending  a  representative  to  the  general  as- 
sembly. The  county  is  tolerably  settled.  The  lands 
are  in  general  rough  but  fertile,  and  therefore  the  far- 
mers run  principally  on  grazing.  It  has  several  towns, 
East-Chester,  West-Chester,  New-Rochelle,  Rye,  Bed- 
ford, and  North-Castle.  The  inhabitants  are  either  Eng- 
lish or  Dutch  presbyterians,  episcopalians,  quakers  and 
French  protestants.  The  former  are  the  most  nume- 
rous. The  two  episcopal  missionaries  are  settled  at  Rye 
and  East-Chester,  and  receive  each  60/.  annually  taxed 
upon  the  county.  The  town  of  West-Chester  is  an  in- 
corporated borough,  enjoying  a  mayor's  court,  and  the 
right  of  being  represented  by  a  member  in  assembly. 

DUTCHESS. 
This  county  adjoins  to  "West-Chester,  which  bounds 
it  on  the  south,  the  Connecticut  line  on  the  east,^Hud- 

*  In  describing  the  limits  of  the  several  counties,  I  regard  their 
bounds  according  to  the  jarisdictioQ  as  now  exercised  in  each,  rather 


304 


History  of  New-York. 


son's  river  on  the  west,  and  the  county  of  Albany  on 
the  north.  The  souih  part  of  this  county  is  mountain- 
ous and  fit  only  for  iron  works,  but  the  rest  contains  a 
great  quantity  of  good  upland  well  watered.  The  oidy 
villages  in  it  are  Poughkeepsie  and  the  Fish  Kill,  though 
they  scarce  deserve  the  name.  The  inhabitants  on  the 
banks  of  the  river  are  Dutch,  but  those  more  easterly. 
Englishmen,  and,  for  the  most  part,  emigrants  from 
Connecticut  and  Long  Island.  There  is  no  episcopal 
church  in  it.  The  growth  of  this  county  has  been  very 
sudden,  and  commenced  but  a  few  years  ago.  Within 
the  memory  of  persons  now  living,  it  did  not  contain 
above  twelve  families;  and,  according  to  the  late  re- 
turns of  the  militia,  it  will  furnish,  at  present,  above 
two  thousand  five  hundred  fighting  men. 

ALBANY. 

This  county  extends  from  the  south  bounds  of  the 
manor  of  Livingston,  on  the  east  side,  and  Ulster,  on 
the  west  side  of  Hudson's  river  :  on  the  north  its  limits 
are  not  yet  ascertained.  It  contains  a  vast  Cjuantity  oJ^ 
fine  low  land.  Its  principal  connnodities  are  wheat, 
peas,  and  pine  boards. 

The  city  of  Albany,  which  is  near  one  hundred  and 
fifty  miles  from  New- York,  is  situated  on  the  west  side 
of  the  river.  There  our  governours  usually  treat  with 
the  Indians  dependent  upon  the  British  crown.  The 
houses  are  built  of  brick,  in  the  Dutch  taste,  and  are  in 
number  about  three  hundred  and  fifty.    There  are  two 

than  the  laws  relating  to  them,  which  are  very  imperfect,  especially 
the  general  act,  in  1691.  The  greatest  part  of  Hudson's  river  is  not 
included  in  any  of  our  counties- 


Histojy  of  New-York. 


305 


churches  in  it.  Tliat  of  the  episcopalians,  the  only  one 
in  this  large  county,  is  a  stone  building.  The  congre- 
gation is  but  small,  almost  all  the  inhabitants  resorting 
to  the  Dutch  cliurch,  which  is  a  plain,  square,  stone 
edifice.  Besides  these,  they  have  no  other  publick 
buildings,  except  the  city  hall  and  the  fort ;  the  latter 
of  which  is  a  stone  square,  with  four  bastions,  situated 
on  an  eminence  which  overlooks  the  town,  but  is  itself 
commanded  by  higher  ground.  The  greatest  part  of 
the  city  is  fortified  only  by  palisadoes,  and  in  some 
places  there  are  small  cannon  planted  in  blockhouses. 
Albany  was  incorporated,  by  colonel  Dongan,  in  1686, 
and  is  under  the  government  of  a  mayor,  recorder,  six 
aldermen,  and  as  many  assistants.  It  has  also  a  sheriff 
town  clerk,  chamberlain,  clerk  of  the  markets,  one 
high  constable,  three  sub-constables,  and  a  marshaL 
The  corporation  is  empowered  besides,  to  hold  a  ma- 
yor's court  for  the  trial  of  civil  causes,  and  a  court  of 
general  quarter  sessions. 

Sixteen  or  eighteen  miles  northwest  from  Albany 
lies  Schenectady,  on  the  banks  of  the  Mohawks'  river, 
which  falls  into  Hudson's  river  twelve  miles  to  the 
north  of  Albany.  This  village  is  compact  and  regular, 
built  principally  of  brick,  on  a  rich  flat  of  low  land,  sur- 
rounded with  hills.  It  has  a  large  Dutch  church,  with 
a  steeple  and  town  clock,  near  the  centre.  The  wind- 
ings of  the  river  through  the  town,  and  the  fields  (which 
are  often  overflowed  in  the  spring)  form,  about  harvest, 
a  most  beautiful  prospect.  The  lands,  in  the  vale  of 
Schenectady,  are  so  fertile  that  they  are  commonly 
sold  at  45/.  per  acre.  Though  the  farmers  use  no  kind 
of  manure  they  till  the  fields  every  year,  and  they  al- 
ways produce  lull  crops  of  wheat  or  pea*.  Their 

39 


History  of  New-York. 


church  was  incorporated  by  governour  Cosby,  and  tb^ 
town  has  the  privilege  of  sending  a  member  to  the  as- 
sembly. 

From  this  village  our  Indian  traders  set  out  in  bat* 
toes  for  Oswego.  The  Mohawks'  river,  from  hence  to 
fort  Hunter,  abounds  with  rifts  and  shoals,  which,  in  the 
spring,  give  but  little  obstruction  to  the  navigation* 
r  rom  thence  to  its  head,  or  rather  to  the  portage  into 
the  Wood  creek,  the  conveyance  is  easy  and  the  cur- 
rer  t  less  rapid.  The  banks  of  this  river  are,  in  general, 
low,  and  the  soil  exceeding  good.  Our  settlements,  on 
the  north  side,  extend  to  Burnef  s  field,  a  flat  inhabited 
by  Germans,  which  produces  wheat  and  peas  in  surpris- 
ing plenty*  On  the  south  side,  except  a  few  Scotch 
Irish  in  Cherry  Valley  at  the  head  of  Susquehanna,  we 
have  but  few  farms  west  of  the  three  German  towns  on 
Schoharie,  a  small  creek  which  emptie  s  itself  into  the  Mo- 
hawks' river,  about  twenty  miles  west  of  Schenectady. 
1  he  fur  trade  at  Oswego,  is  one  of  the  principal  advan- 
tages  of  this  county.  The  Indians  resort  thither  in  May, 
and  the  trade  continues  till  the  latter  end  of  July.  A 
good  road  might  be  made  from  Schenectady  to  Oswego.^ 
In  the  summer  seventeen  hundred  and  fifty-five,  fat  cat- 
tle were  easily  driven  there  for  the  army  under  the 
command  of  general  Shirley. 

1  he  principal  settlements  to  the  northward  of  Albany 
are  Connestigiune,  eastward  of  Schenectady,  on  the  Mo- 
hawks' river,  which  a  little  low^er  tumbles  down  a  pre- 
cipice of  about  seventy  feet  high,  called  the  Cahoes. 
The  surprise,  which,  as  one  might  imagine,  would  na- 
turally be  excited  by  the  view  of  so  great  a  cataract,  is 
IDUch  diminished  by  the  height  of  the  banks  of  the  ri- 
ver ;  besides,  the  fall  is  as  uniform  as  a  njiil  dam,  being 
uninterrupted  by  the  projection  of  rucks. 


History  of  New-York.  307' 

At  Sca^htahook,  on  the  east  side  of  the  north  branch 
of  Hudson's  river,  there  are  a  few  farms,  but  many  more 
sev  ral  miles  to  the  eastward,  and  about  twenty-five  miles 
from  Albany,  in  th|,  patent  of  Hosick.  These  were  all 
broke  up  by  an  irruption  of  French  and  Indians,  who, 
on  the  28th  of  August,  1754,  killed  and  scalped  two 
persons,  and  set  fire  to  the  houses  and  barns. 

About  forty  miles  to  the  northward  of  Albany,  on 
the  west  side  of  the  river,  lies  Saratoga,  a  fine  tract  of 
low  land,  from  which  several  families  were  driven  by 
the  French  Indians,  in  the  late  war.  A  project  of  pur- 
chasing these  lands  from  the  proprietors,  settling  them 
with  Indians,  raising  a  fort  there  and  cultivating  the 
soil  for  them,  has  been  often  talked  of  since  captain 
Campbel's  disappointment,  as  a  proper  expedient  to 
curb  the  scalping  parties  sent  out  from  Crownpoint, 

In  the  southern  part  of  the  county  of  Albany,  on 
both  sides  of  Hudson's  river,  the  settlements  are  very 
scattered,  except  within  twelve  miles  of  the  city,  when 
the  banks  become  low  and  accessible.  The  islands 
here,  which  are  many,  contain  perhaps  the  finest  soil  in 
the  world. 

There  are  two  manors  in  the  county,  Renslaerw^ck 
and  Livingston,  which  have  each  the  privilege  of  sending 
a  member  to  tlie  assembly.  The  tenants  of  these  man- 
ors, and  of  the  patents  of  Claverack,  have  free  farms  at 
the  annual  rent  of  a  tenth  of  the  produce,  which  has  as 
yet  been  neither  exacted  nor  paid.  At  Ancram,  in  the 
manor  of  Livingston,  is  an  iron  furnace,  about  fourteen 
miles  from  the  river.  Its  best  and  most  improved  lands 
lie  at  Tachanic,  in  the  eastern  parts,  which  have  of  late 
been  much  disturbed  by  the  inroads  of  the  Massachu- 
setts' Bay,  on  this  and  the  patents  of  Westenhook  and 
Claverack* 


308 


History  of  New-YorL 


The  winters  in  this  county  are  commonly  severe,  and 
Hudson's  river  freezes  so  hard  a  hundred  miles  to  the 
southward  of  Albany,  as  to  bear  sleds  loaded  with  great 
burdtns.  Much  snow  is  very  ser^ceable  to  the  far- 
mers here,  not  only  in  protecting  their  grain  from  the 
frost,  but  in  facilitating  the  transportation  of  their 
boards  and  other  produce,  to  the  banks  of  the  river, 
against  the  ensuing  spring. 

ULSTER. 

This  county  joins  to  that  of  Albany,  on  the  west  side 
of  Hudson's  river.  Its  northern  extent  is  fixed  at  Saw- 
yer's rill :  the  rivers  Delaware  and  Hudson  bound  it 
east  and  west,  and  a  west  line  from  the  mouth  of  Mur- 
derer's creek  is  its  southern  limit. 

The  inhabitants  are  Dutch,  French,  English,  Scotch, 
and  Irish,  but  the  first  and  the  last  are  most  numerous. 
The  episcopalians  in  this  county  are  so  inconsiderable, 
that  their  church  is  only  a  mean  loghouse.  The  most 
considerable  town  is  Kingston,  situated  about  two  miles 
from  Hudson's  river.  It  contains  about  one  hundred 
and  fifty  houses,  mostly  of  stone,  is  regularly  laid  out 
on  a  dry  level  spot,  and  has  a  large  stone  church  and 
court  house  near  the  centre.  It  is  thought  to  resemble 
Schenectady,  but  far  exceeds  it  in  its  elevation  :  on  the 
north  side  of  the  town,  the  Esopus  kill  winds  through 
rich  and  beautiful  l^wns.  The  people  of  Ulster,  hav- 
ing long  enjoyed  an  undisturbed  tranquility,  are  some 
of  the  most  opulent  farmers  in  the  whole  colony. 

This  county  is  most  noted  for  fine  flour,  beer,  and  a 
good  breed  of  drauglit  horses.  At  the  commencement 
of  the  range  of  the  Apalachian  hills,  about  ten  miles 
from  Hudson's  river,  is  an  inexhaustible  quarry  of  mill--. 


History  of  Nerv-Torh 


stones,-  which  far  exceed  those  from  Colen,  in  Europe, 
formerly  imported  here,  and  sold  at  80/.  a  pair.  The 
Marbletown  millstones  cost  not  a  fourth  part  of  that 
sum.  This  and  the  counties  of  Dutchess  and  Orange 
abfjund  Avith  limestone,  and  on  the  banks  of  Hudson's 
river  are  f  >und  great  bodies  of  blue  slate.  » 

The  principal  villages,  besides  Kingston,  are  Mar- 
bletown, Hurley,  Rochester  ,New-Paltz,  and  the  Wall- 
kill,  each  of  which  is  surrounded  with  fine  tracts  of  low 
land.  The  militia  of  Ulster  is  about  fifteen  or  sixteen 
hundred  men  and  a  company  of  horse. 

ORANGE 

County  is  divided  by  a  range  of  mountains,  stretch- 
ing westward  from  Hudson's  river,  called  the  Highlands* 
On  the  north  side  the  lands  are  very  broken,  but  fertile,, 
and  inhabited  by  Scotch,  Irish,  and  English  presbyte- 
rians.  The  society's  missionary  in  Ulster  preaches 
here  sometimes  to  a  small  congregation  of  the  episco- 
pal persuasion,  which  is  the  only  one  in  the  county. 
Their  villages  are  Goshen,  Bethlehem  and  Little  Bri- 
tain, all  remarkable  for  producing,  in  general,  the  best 
butter  made  in  the  colony.  The  people  on  the  south 
side  of  the  mountains  are  all  Dutch  :  and  Orangetown, 
more  commonly  called  by  the  Indian  name,  Tappan,  is 
a  small,  but  very  pleasant  inland  village,  with  a  stone 
court  house  and  church.  The  militia  consists  of  about 
thirteen  hundred  fighting  men. 

Tliis  county  joins  to  the  province  of  New- Jersey  on 
the  south  ;  and  the  non  settlement  of  the  partition  line 
has  been  the  greatest  obstruction  to  its  growth. 

There  is  a  very  valuable  tract,  called  the  drowned 
lauds,  on  the  north  side  of  the  mountains,  containing 


31& 


History  of  NeW'YorTc. 


al^oiit  forty  or  fifty  thousand  acres.  The  waters,  which 
descend  from  the  surrounding  hills,  being  but  slowly 
discharged  by  the  river  issuing  out  of  it,  cover  these 
vast  meadows  every  winter  ;  and  hence  they  become 
extremely  fertile.  The  fires  kindled  up  in  the  woodsj 
by  the  deer  hunters  in  autumn,  are  communicated  by 
the  leaves  to  these  meadows,  before  the  waters  rise 
above  the  channel  of  the  river,  and  a  dreadful  devour- 
ing conflagration  overruns  it,  consuming  the  herbage, 
for  several  days.  The  WallkiJl  river,  which  runs 
through  this  extensive,  amphibious  tract,  if  1  may  use 
the  expression,  is,  in  the  spring,  stored  with  eels  of  un- 
common size  and  plenty,  very  useful  to  the  farmers  re- 
siding on  its  banks.  The  river  is  about  two  chains  in 
breadth,  where  it  leaves  the  drowned  lands,  and  has  a 
considerable  fall.  The  bottom  of  it  is  a  broken  rock ; 
and  I  am  infortned  by  Mr.  Clinton,  a  gentleman  of  inge- 
nuity and  a  mathematical  turn,  that  the  channel  might, 
for  less  than  2,000/.  be  sufficiently  deepened  to  draw 
oflf  all  the  water  from  the  meadows.  Some  parts  near* 
the  banks  of  the  upland,  have  been  already  redeemed 
from  the  floods.  These  spots  are  very  fertile,  and  pro^ 
duce  English  s^rass,  hemp,  and  Indian  corn. 

The  mountains,  in  the  county  of  Orange,  are  clothed 
thick  with  timber,  and  abound  with  iron  ore,  ponds,  and 
fine  streams  for  iron  works.  Goshen  is  well  supplied 
with  white  cedar,  and  in  some  parts  of  the  w^oods  is 
found  great  plenty  of  black  walnut. 

Before  I  proceed  to  the  description  of  the  southern 
counties,  I  beg  leave  to  say  a  few  words  concerning 
Hudson's  river. 

Its  source  has  not,  as  yet,  been  discovered.  We 
know,  in  general,  that  it  is  in  the  mountainous,  uninhab- 


History  of  New-York* 


311 


ited  country,  between  the  lakes  Ontario  and  Cbamplain, 
In  its  course  southward  it  approaches  the  Mohawks'  ri- 
ver within  a  few  miles  at  Saucondauga.  From  thence  it 
runs  north  and  northeasterly  towards  lake  St.  Sacra- 
ment, now  called  lake  George,  and  is  not  above  eight 
or  ten  miles  distant  from  it.  The  course  then  to  INew- 
York  is  very  uniform,  being  in  the  main  south  12  or 
15*^  west. 

The  distance  from  Albany  to  lake  George  is  comput- 
ed at  sixty-five  miles.  The  river  in  that  interval  is  na- 
vigable only  for  battoes,  and  interrupted  by  rifts,  which 
occasion  two  portages  of  half  a  mile  each."^  There  are 
three  routes  from  Crownpoint  to  Hudson's  river  in  the 
way  to  Albany  ;  one  through  lake  George,  another 
through  a  branch  of  lake  Champlain,  bearing  a  southern 
course,  and  terminating  in  a  bason,  several  miles  east 
of  lake  George,  called  the  South  bay.  The  third  is  by 
ascending  the  Wood  creek,  a  shallow  stream  about  one 
hundred  feet  broad,  which,  coming  from  the  southeast, 
empties  itself  into  the  south  branch  of  the  lake  Cliam- 
plain. 

The  place,  where  these  routes  meet,  on  the  banks  of 
Hudson's  river,  is  called  the  carrying  place.  Here  fort 
Lyman,  since  called  fort  Edward,  is  built ;  but  fort 
Vt  illiam  Henry,  a  much  stronger  garrison,  was  erected 
at  the  south  end  of  lake  George,  after  the  repulse  of  the 
French  forces  under  the  command  of  baron  Dieskau,  on 
the  8th  of  September,  1755.  General  Shirley  thought 
it  more  advisable  to  strengthen  fort  Edward  in  the  con- 
currence of  three  routes,  than  to  erect  the  otiier  at  lake 
GeorgC;,  seventeen  miles  to  the  northward  of  it  ;  and 

*  In  the  passas^e  from  Albany  to  fort  Edward^  the  whole  land  car- 
riage is  about  twelve  or  ihirieew  miles. 


312 


History  of  New-York. 


wrote  a  very  pressing  letter  upon  that  head  to  sir  Wil- 
liam Johnson,  who  then  commanded  the  provincial 
troops. 

The  banks  of  Hudson's  river  are,  for  the  most  part, 
rocky  cliffs,  especially  on  the  western  shore.  The  pas- 
sage through  the  highlands  affords  a  wild  romantick 
scene,  for  sixteen  miles,  through  steep  and  lofty  moun- 
tains. The  tide  flows  a  few  miles  above  Albany.  The 
navigation  is  safe,  and  performed  in  sloops  of  ab(iut 
forty  or  fifty  tons  burden,  extremely  well  accommodat- 
ed to  the  river.  About  sixty  miles  above  the  city  of 
New-York  the  water  is  fresh,  and  in  wet  seasons  much 
lower.  The  river  is  stored  with  a  variety  of  fish,  which 
renders  a  summer's  passage  to  Albany,  exceedingly  di- 
verting to  such  as  are  fond  of  angling. 

The  advantages  of  this  river  for  penetrating  into  Can- 
ada, and  protecting  the  southern  coloni  s  from  the  ir- 
ruptions of  the  French,  by  securing  the  command  of 
the  lakes,  and  cutting  off  the  communication  between 
the  French  settlements  on  St.  Lawrence  and  the  Mis- 
sisippi,  though  but  lately  attended  to,  must  be  very  ap- 
parent to  every  judicious  observer  of  the  maps  of  the 
inland  part  of  North  America. 

The  French,  as  appears  from  the  intended  invasion, 
in  1689,  have  long  eyed  the  English  possession  of  this 
province  with  jealousy  ;  and  it  becomes  us  to  fall  upon 
every  method  for  its  protection  and  defence. 

The  singular  conveniency  of  Hudson's  river  to  this 
province,  in  particular,  w  as  so  fully  shewn  in  one  of  the 
late  papers,  published  in  1753,  under  the  title  of  the  In- 
dependent Reflector,  that  I  cannot  help  reprinting  the 
passage  relating  to  it. 


History  of  New- York. 


3li 


"  High  roads,  which,  in  most  trading  countries,  are 
extremely  expensive,  and  awake  a  continual  attention 
for  tlieir  reparation,  demand,  from  us,  comparatively 
speaking,  scarce  any  publick  notice  at  alL  Ttie  whole 
province  is  contained  in  two  narrow  oblongs,  extending 
from  the  city  east  and  north,  having  water  carriage  from 
the  extremity  of  one,  and  from  the  distance  of  one  hun- 
dred and  sixty  miles  of  the  other ;  and,  by  the  most  ac- 
curate calculation,  has  not,  at  a  medium,  above  twelve 
miles  of  land  carriage,  throughout  its  whole  extent. 
This  is  one  of  the  strongest  motives  to  the  settlement  of 
a  new  country,  as  it  affords  the  easiest  and  most  speedy 
conveyance  from  the  remotest  distances,  and  at  the  low- 
est expense.  The  effects  of  tliis  advantage  are  greater 
than  we  usually  observe,  and  are  therefore  not  sutii- 
ciently  admired. 

"  The  province  of  Pennsylvania,  has  a  fine  soil,  and, 
through  the  importation  of  Germans,  abounds  with  in-^ 
habitants  ;  but  being  a  vast  inland  country,  its  produce 
must,  of  consequence,  be  brought  to  a  market  over  a 
great  extent  of  ground,  and  all  by  land  carriage.  Hence 
it  is,  that  Philadelphia  is  crouded  with  waggons,  carts, 
horses,  and  their  drivers :  a  stranger,  at  his  first  entrance, 
would  imagine  it  to  be  a  place  of  traffick,  beyond  any  one 
town  in  the  colonies  ;  while  at  New- York,  in  particular, 
to  which  the  produce  of  the  country  is  all  brought  by 
water,  there  is  more  business,  at  least,  business  of  profit^y 
though  with  less  show  and  appearance.  Not  a  boat  in 
our  river  is  navigated  with  more  than  two  or  three  men 
at  most ;  and  these  are  perpetually  coming  in  from,  and 
returning  to,  all  parts  of  the  adjacent  country,  in  the 
same  emph/yments  that  fill  the  city  of  Philadelphia 
with  some  hundreds  of  men,  who,  in  respect  to  the  pnh^ 

40 


ai4 


History  of  Nerv-YorL 


lick  advantage,  may  justly  be  said  to  be  labarioiisJy  idle  : 
for,  let  any  one  nicely  compute  the  expense  of  a  wag- 
gon, with  its  tackling  ;  the  time  of  two  men  in  attend- 
ing it  ;  their  maintenance  ;  four  horses  and  the  charge 
of  their  provender,  on  a  jom^ney  of  one,  though  they  of- 
ten come,  two  hundred  miles  ;  and  he  will  find  these 
several  particulars  amount  to  a  sum  far  from  being  in- 
considerable. All  this  time  the  J\ew-York  farmer  is  in 
the  course  of  his  proper  business,  and  the  unincumbered 
acquisitions  of  his  calling ;  for,  at  a  medium,  ttiere  is 
scarce  a  farmer  in  the  province,  that  cannot  transport 
the  fruits  of  a  year's  labour,  from  the  best  farm,  in  three 
days,  at  a  proper  season,  to  souje  convenient  landing, 
where  the  market  will  be  to  his  satisfaction,  and  all  the 
wants  from  the  merchant,  cheaply  supplied  :  besides 
which,  one  boat  shall  steal  into  the  harbour  of  iNew- 
York,  with  a  lading  of  more  burden  and  value,  than 
forty  waggons,  one  hundred  and  sixty  horses,  and  eigh- 
ty men,  into  Philadelphia  ;  and  perhaps  with  less  noise, 
bluster,  or  show  than  one. 

Prodigious  is  the  advantage  we  have  in  this  article 
alone,  I  shall  not  enter  into  an  abstruse  cdculation,  to 
evince  the  exact  value  of  it,  in  all  tlie  lights  in  which  it 
may  be  considered ;  thus  much  is  certain,  that  barely 
on  account  of  our  easy  carriage,  the  profits  of  farming, 
with  us,  exceed  those  in  Pennsylvania,  at  least  by  thirty^ 
per  cent,  and  that  difference,  in  favour  of  our  farmers, . 
is  of  itself  sufficient  to  enrich  them  ;  while  the  others 
find  the  disadvantage  they  are  exposed  to,  so  heavy,  (es- 
pecially the  remote  inhabitants  of  their  country)  that  a 
bare  subsistence  is  all  they  can  reasonably  hope  to  ob« 
tain.  Take  this  province  throughout,  the  expense  of 
tjansporting  a  bushel  of  wheat,  is  but  two  pence,  for  the 


Bisiory  of  New-TOrk.  315 


distance  of  one  hundred  miles  ;  but  the  same  quantity 
at  the  like  distance  in  Pennsylvania,  will  always  exceed 
ns  one  shilling  at  least.  The  proportion  between  us,  in 
the  conveyance  of  every  thing  else,  is  nearly  the  same. 
How  great,  then,  are  the  incumbrances  to  w^hich  they 
are  exposed  !  what  an  immense  charge  is  saved  to  us  i 
how  sensible  must  the  embarrassments,  they  are  subject 
to,  be  to  a  trading  people 

RICHMOND 

County  consists  of  Staten  Island,  which  lies  nine  miles 
southwestw  ard  from  the  city  of  New- York.  It  is  about 
eighteen  miles  long,  and  at  a  medium  six  or  seven  in 
breadth.  On  the  south  side  is  a  considerable  tract  of 
good  level  land,  but  the  island  is,  in  general,  rough,  and 
the  hills  high.  The  inhabitaiits  are  principally  Dutch 
and  French.  The  former  have  a  church,  but  the  latter, 
having  been  long  w^ithout  a  minister,  resort  to  an  epis-- 
copal  church  in  Richmond  town,  a  poor  mean  village 
and  the  only  one  on  the  island.  The  parson  of  the  pa- 
rish receives  40/.  per  annum^  raised  by  a  tax  upon  the 
county. 

Southward  of  the  main  coast  of  this  and  the  colony 
of  Connecticut,  lies  Long  Island,  called,  by  the  Indians, 
Matovvacs,  and  named,  according  to  an  act  of  assembly 
in  king  William's  reign,  Nassau.  Its  length  is  comput- 
ed at  one  hundred  and  twenty  miles,  and  the  mean 
breadth  twelve.  The  lands  on  the  jiorth  and  south  side 
are  good,  but  in  the  middle  sandy  and  barren.  The 
southern  shore  is  fortified  against  any  invasion  from  the 
sea  by  a  beach  inaccessible  to  ships,  and  rarely  to  be 
approached,  even  by  the  smallest  long  boats,  on  account 
of  the  surge,  which  breaks  upon  it  with  great  fury,  evens 


3ie 


History  of  I^ew-York, 


when  the  winds  are  light.  The  coast  east  and  west  ad- 
mits of  regular  soundings  far  into  the  ocean,  and  as  the 
lands  are,  in  general,  low  for  several  hundred  miles, 
nothing  can  be  more  advantageous  to  our  ships,  than 
the  high  lands  of  Neversink,  near  the  entrance  at  the 
Hook,  which  are  scarce  six  miles  in  length,  and  often 
seen  thirty  leagues  from  the  sea.  This  island  aflfords 
the  finest  roads  in  America,  it  being  very  level  and  but 
indifferently  watered.    It  is  divided  into  three  coundes. 

KING'S 

County  lies  opposite  to  New- York,  on  the  north 
side  of  Long  Island.  The  inhabitants  are  all  Dutch, 
and  enjoying  a  good  soil,  near  our  markets,  are,  gene- 
rally, in  easy  circumstances.  The  county,  which  is 
very  small,  is  settled  in  every  part,  and  contains  several 
pleasant  villages,  viz.  Bushwick,  Brooklyn,  Bedford, 
Flatbush,  Flatlands,  New-Eutrecht,  and  Gravesend. 

QUEEN^S 

County  is  more  extensive,  and  equally  well  settled. 
The  principal  towns  are  Jamaica,  Hempstead,  Flushing, 
Newtown  and  Oysterbay.  Hempstead  plain  is  a  large, 
level,  dry,  champaign  heath,  about  sixteen  miles  long, 
and  six  or  seven  wide,  a  comaion  land  belonging  to 
the  towns  of  Oysterbay  and  Hempstead.  The  inhabi- 
tants are  divided  into  Dutch  and  English  presbyterians, 
episcopalians  and  quakers. 

There  are  but  two  episcopal  missionaries  in  this 
county,  one  settled  at  Jamaica,  and  the  other  at  Hemp- 
stead :  and  each  of  them  receives  60?.  annually,  levied 
upon  all  the  inhabitants. 


History  of  New- York:  317 
SUFFOLK 

Includes  all  the  eastern  part  of  Long  Island,  Shelter 
Island,  Fisher's  Island,  Plumb  Island,  and  the  Isle  of 
White.  This  large  county  has  been  long  settled,  and, 
except  one  small  episcopal  congregation,  consists  en- 
tirely of  English  presbyterians.  Its  principal  towns  are 
Huntington,  Smithtown,  Brookhaven,  Southampton, 
Southhold,  and  Easthampton.  The  farmers  are,  for  the 
most  part,  graziers ;  and,  living  very  remote  from  New- 
York,  a  great  part  of  their  produce  is  carried  to  mar- 
kets in  Boston  and  Rhode  Island.  The  Indians,  who 
were  formerly  numerous  on  this  island,  are  now  be- 
cO'Tie  very  inconsiderable.  Those  that  remain,  gene- 
rally bind  themselves  servants  to  the  English.  The 
whale  fishery,  on  the  south  side  of  the  island,  has  de- 
clined of  late  years,  through  the  scarcity  of  whales,  and 
is  now  almost  entirely  neglected. 

The  Elizabeth  islands,  Nantucket,  Martin's  Vine- 
yard, &c.  and  Pemy  Quid,  which  anciently  formed 
Duke's,  and  the  county  of  Cornwal,  are  now^  under  the 
jurisdiction  of  Massachusetts  Bay.  Sir  William  Phips 
demanded  them  of  governour  Fletcher,  in  February, 
1692-3,  not  long  after  the  new  charter  to  that  pro- 
vince :  but  the  government  here  was  then  of  opinion 
that  that  colony  was  not  entitled  to  any  islands  west- 
ward of  Nantucket. 

An  estimate  of  the  comparative  wealth  of  our  coun- 
ties may  be  formed  from  any  of  our  assessments.  In 
10,000/.  part  of  a  45,000/.  tax,  laid  in  1755,  the  propor- 
tions, settled  by  an  act  of  assembly,  stood  thus : 
New-York,  jL3,332  0  0 

Albany,  1,060  0  0 

KingV,  484  0  0 


318 


History  of  New-  York. 


Clueen's, 
Suffolk, 


1,000  0  0 
860  0  0 
304  0  0 

1,000  0  0 
860  0  0 
800  0  0 
300  0  0 


Richinond, 
Westchester, 


Ulster, 

Dutcbessv 

Orange, 


ilO,000  0  0 


CHAPTER  11. 


Of  the  Inhabitants. 


This  province  is  not  so  populous  as  some  have  ima- 
gined. Scarce  a  third  part  of  it  is  under  cultivation^ 
The  colony  of  Connecticut,  which  is  vastly  inferiour  to 
this  in  its  extent,  contains,  accordinsf  to  a  late  authen- 
tick  enquiry,  above  1 33,000  inhabitants,  and  has  a  mi- 
litia of  27,000  men  ;  but  the  militia  of  New-York,  ac- 
cording to  the  general  estimate,  does  not  exceed  18,000. 
The  whole  number  of  souls  is  computed  at  100,000. 

Many  have  been  the  discouragements  to  the  settle- 
ment of  this  colony.  The  French  and  Indian  irrup- 
tions, to  which  we  have  always  been  exposed,  have  dri- 
ven many  families  into  New-Jersey.  At  home,  the 
British  acts  for  the  transportation  of  felons,  have 
brought  all  the  American  colonies  into  discredit  with 
the  industrious  and  honest  poor,  both  in  the  kingdoms 
of  Great  Britain  and  Ireland.  The  mischievous  tenden- 
cy of  those  laws  was  shown  in  a  late  paper,  which  it 
may  not  be  improper  to  lay  before  the  reader."^ 

*  The  Independent  Reflector. 


History  oj  New-Yorh 


319 


"  It  IS  too  well  known  that  in  pursuance  of  divers 
acts  of  parliament,  .^reat  numbers  of  fellows  who  have 
forfeited  their  liv  es  to  the  publick,  for  the  most  atrocious 
cri?nes,  are  annually  transported  from  home  to  these 
plantations.  Very  surprising,  one  would  think,  that 
thieves,  burglars,  pickpockets,  and  cut  purses,  and  a 
herd  cf  the  most  flagitious  banditti  upon  earth,  should 
be  sent  as  agreeable  companions  to  us  !  that  the  su* 
preine  legislature  did  intend  a  transportation  to  Ame- 
rica, for  a  punishment  of  these  villains,  1  veiily  believe  : 
but  so  great  is  the  mistake,  that  confident  I  am,  they  are 
thereby,  on  the  contrary,  highly  rewarded.  For  what, 
in  God's  name,  can  be  more  agreeable  to  a  penurious 
wretch,  driven,  through  necessity,  to  seek  a  livelihood 
by  breaking  of  houst  s,  and  robbing  upon  the  king's 
highway,  than  to  be  saved  from  the  halter,  redeemed 
from  the  stench  of  a  gaol,  and  transported,  passage  free, 
into  a  country,  where,  being  unknown,  no  man  can  re- 
proach him  with  his  crimes  ;  where  labour  is  high,  a  lit- 
tle of  which  will  maintain  him ;  and  where  all  his  ex- 
penses will  be  moderate  and  low.  There  is  scarce  a 
thief  in  England  that  would  not  rather  be  transported 
than  hanged.  Life  in  any  condition,  but  that  of  extreme 
misery,  will  be  preferred  to  death.  As  long,  therefore, 
^s  there  remains  this  wide  door  of  escape,  the  number 
of  thieves  and  robbers  at  home,  will  perpetually  multi- 
ply and  their  depredations  be  incessantly  reiterated. 

"  But  the  acts  were  iiitended  for  the  better  peopling 
the  colonies.  And  will  thieves  and  murderers  be  con- 
ducive to  that  end  ?  what  advantage  can  we  reap  from 
a  colony  of  unrestrainable  renegadoes  ?  vi  ill  they  exalt 
the  glory  of  the  crown  ?  or  rather,  will  not  the  dignity 
of  the  most  illustrious  monarch  in  the  world,  be  sullied 


320 


History  of  New-  York. 


by  a  province  of  subjec  ts  so  lawless,  detestable,  and  ig- 
nominious ?  can  agriculture  be  promoted,  when  the  wild 
hoar  of  the  forest  breaks  down  our  hedges  and  pulls  up 
our  vines  ?  will  trade  tlourish,  or  m.anufactures  be  en- 
couraged, where  property  is  made  the*  spoil  of  such  wiio 
are  too  idle  to  work,  and  wicked  enough  to  murder  and 
steal  ? 

"  Besides,  are  we  not  subjects  of  the  same  king,  with 
the  people  of  England  ;  members  of  the  same  body  po- 
litick, and  therefore  entitled  to  equal  privileges  with 
them  ?  if  so,  how^  injurious  does  it  seem  to  free  one  part 
of  the  dominions  from  the  plagues  of  mankind,  and  cast 
them  upon  another  /  should  a  law  be  proposed  to  take 
the  poor  of  one  parish,  and  billet  them  upon  another, 
would  not  all  the  world,  but  the  parish  to  be  relieved, 
exclaim  against  such  a  project,  as  iniquitous  and  ab- 
surd ?  should  the  numberless  villains  of  London  and 
Westminster  be  suffered  to  escape  from  their  prisons, 
to  range  at  large  and  depredate  any  other  part  of  the 
kingdom,  would  not  every  man  join  w  ith  the  sufferers, 
and  condemn  the  measure  as  hard  and  unreasonable  ? 
and  though  the  hardsliips  upon  us,  are  indeed  not  equal 
to  those,  yet  the  miseries  that  flow  from  laws,  by  no 
means  intended  to  prejudice  us,  are  too  heavy,  not  to 
be  felt.  But  the  colonies  must  be  peopled.  Agreed  : 
and  will  the  transportation  acts  ever  have  that  tenden- 
cy ?  no,  they  work  the  contrary  way,  and  counteract 
their  own  design.  We  want  people,  'tis  true,  but  not 
villains  ready,  at  any  time,  encouraged  by  impunity,  and 
habituated  upon  the  slightest  occasions,  to  cut  a  man's 
throat,  for  a  small  part  of  his  property.  The  delights 
of  such  company,  is  a  noble  inihicement,  indeed,  to  the 
honest  poor,  to  convey  themselves  into  a  strange  coun- 


History  of  New-York.  321 

try.  Admidst  all  our  plenty,  they  will  have  enough  to 
exercise  their  virtues^  and  staud  in  no  need  of  the  asso- 
ciation of  such  as  will  prey  upon  their  property,  and 
gorge  themselves  with  the  blood  of  the  adventurers. 
They  came  over  in  search  of  happiness  ;  rather  than 
starve,  w  ill  live  any  where,  and  would  be  glad  to  be  ex- 
cused from  so  afflicting  an  antepart  of  the  torments  of 
hell.  In  reality,  sir,  these  very  laws,  though  otherwise 
designed,  have  turned  out,  in  the  end,  the  most  effectual 
expedients,  that  tlie  art  of  man  could  have  contrive  i,  to 
prevent  the  settlement  of  these  remote  parts  of  the  king's 
dominions.  They  have  actually  taken  away  almost  ev- 
ery encouragement  to  so  laudable  a  design.  I  appeal 
to  facts.  The  body  of  the  Eno;lish  are  struck  with  ter- 
rour  at  the  thought  of  coming  over  to  us,  not  because 
they  have  a  vast  ocean  to  cross,  or  leave  beliind  them 
their  friends  ;  or  that  the  country  is  new  arid  unculti- 
vated :  but  from  the  shocking  ideas,  the  mind  must  ne- 
cessarily form  of  the  company  of  inhuman  savages,  |ind 
the  more  terrible  herd  of  exiled  malefactors*  There 
are  thousands  of  hoiiest  men,  labouring  in  Europe,  at 
four  pence  a  day,  starving  in  spite  of  all  their  efforts,  a 
dead  weight  to  the  respective  parishes  to  which  they  be- 
long ;  who^  without  any  other  qualifications  than  com- 
mon sense,  health,  and  strength,  might  accumulate 
estates  among  us,  as  many  have  done  already.  These, 
and  not  the  others,  are  the  men  that  should  be  sent  over, 
for  the  better  peopling  the  plantations.  Great  Britain 
and  Ireland,  in  their  present  circumstances,  are  over- 
stocked with  them;  and  he  who  would  immortalize 
himself,  for  a  lover  of  mankind,  should  concert  a  scheme 
for  the  transportation  of  tlie  industriously  honest  abroad 
and  the  immediate  punishment  oi  xogutt^  and  piuiiUerert 

41 


322 


History  of  New-York* 


at  home.  The  pale  faced,  half  clad,  meagre,  and  starv- 
ed skeletons,  that  are  seen  in  every  village  of  those 
kingdoms,  call  loudly  for  the  patriot's  generous  aidi 
The  plantations  too  would  thank  him  for  his  assistance, 
in  obtaining  the  repeal  of  those  laws,  which,  though 
otherwise  intended  by  the  legislature,  have  so  unha])pi-  ^ 
ly  proved  injurious  to  his  own  country,  and  ruinous  to 
us.  It  is  not  Jong  sine  e  a  bill  passed  the  commons  for 
the  employment  of  such  criminals  in  his  majesty's 
docks,  as  should  merit  the  gallows.  The  design  was 
good.  It  is  consistent  with  sound  policy,  that  all  those, 
who  have  forfeited  their  liberty  and  lives  to  tlieir  coun- 
try, should  be  compelled  to  labour  the  residue  of  their 
days  in  its  service.  But  the  scheme  was  bad,  and  wisely 
was  the  bill  rejected  by  the  lords,  for  this  only  reason, 
that  it  had  a  natural  tendency  to  discredit  the  king's 
yards :  the  consequences  of  which  must  have  been  pre- 
judicial to  the  whole  nation.  Just  so  ought  we  to  reason 
in  the  present  case,  and  we  should  then  soon  be  brought 
to  conclude,  that  though  peopling  the  colonies,  which 
was  the  laudable  motive  of  the  legislature,  be  expedient 
to  the  publick  ;  abrogating  the  transportation  laws 
must  be  equally  necessary." 

The  bigotry  and  tyranny  of  some  of  our  governours, 
together  with  the  great  extent  of  their  grants,  may  also 
be  consideied  among  the  discouragements  against  the 
full  settlement  of  the  province.  Most  of  these  gentle- 
men, coming  over  with  no  other  view  than  to  raise  their 
own  fortunes,  issued  extravagant  patents,  charged  with 
tsmall  quit  r  ents,  t  o  such  as  were  able  to  serve  them  in 
assembly  :  and  these  patentees,  being  generally  men  of 
estates,  have  rated  their  lands  so  exorbitantly  high,  that 
very  few  poor  persons  could  eitiier  purchase  or  lease 


History  of  New- York. 


323 


them.  Add  to  all  these,  that  the  New-England  plant- 
ers have  always  been  disaffected  to  the  Dutch,  nor  was 
there,  after  the  surrender,  any  foreign  accession  froai 
the  Netherlands.  The  province  being  thus  poorly  in- 
habited, the  price  of  labour  became  so  enorinously  en- 
hanced, that  we  have  been  constrained  to  import  ne- 
gr:)es  from  Africa,  who  are  employed  in  all  kinds  of 
servitude  and  trades. 

Ejiglish  is  the  most  prevailing  language  among  us, 
but  not  a  little  corrupted  by  the  Dutch  dialect,  which 
is  still  so  much  used,  in  some  counties,  that  the  sheriffs 
find  it  difficult  to  obtain  persons  sufficiently  acquainted 
with  the  English  tongue,  to  serve  as  jurors  in  thecouits 
of  law. 

The  manners  of  the  people  differ,  as  well  as  their 
language.  In  Suffolk  and  Clueen's  county,  the  first  set- 
tlers of  which  were  either  natives  of  England,  or  the 
immediate  descendants  of  such  as  began  the  plantations? 
in  the  eastern  colonies,  their  customs  are  similar  to 
those  prevailing  in  the  English  counties,  from  whence 
they  originally  sprang.  In  the  city  of  New- York, 
through  our  intercourse  with  Europeans,  we  follow  the 
London  fashions  ;  though,  by  the  time  we  adopt  them, 
they  become  disused  in  England.  Our  affluence,  dur- 
ing the  late  war,  introduced  a  degree  of  luxury  in  ta- 
bles, dress  and  furnitiu^e,  with  which  we  were  before 
unacquainted.  But  still  we  are  not  so  gay  a  people  as 
our  neighbours  at  Boston,  and  several  of  the  southern 
colonies.  The  Dutch  counties,  in  some  measure,  follow 
the  example  of  New-York,  but  still  retain  many  modes 
peculiar  to  Hollanders. 

The  city  of  New- York  consists  principally  of  mer-, 
ehants^  shopkeepers,  and  tradesmen,  who  sustain  the 


324 


History  of  New- York. 


reputation  of  honest,  punctual  and  fair  dealers.  With 
respect  to  riches,  there  is  not  so  great  an  inequality 
among  us,  as  is  common  in  Boston,  and  some  other 
places.  Every  man  of  industry  and  integrity  has  it  in 
his  power  to  live  well,  and  many  are  the  instances  of 
persons,  who  came  here  distressed  by  their  poverty, 
who  now  enjoy  easy  and  plentiful  fortunes. 

New^-York  is  one  of  the  most  social  places  on  the 
continent.  The  men  collect  themselves  into  weekly 
evening  clubs.  The  ladies,  in  winter,  are  frequently 
entertained  either  ^t  concerts  of  musick  or  assemblies, 
and  make  a  very  good  appearance.  They  are  comely, 
and  dress  well  ;  and  scarce  any  of  them  have  distorted 
shapes.  Tinctured  with  a  Dutch  education,  they  ma- 
nage their  families  with  becoming  parsimony,  good  pro- 
vidence, and  singular  neatness.  The  practice  of  extra- 
vagant gaming,  common  to  the  fashionable  part  of  the 
fair  sex,  in  some  places,  is  a  vice  with  which  my  coun- 
trywomen cannot  justly  be  charged.  There  is  nothing 
they  so  generally  neglect  as  reading,  and,  indeed,  all 
the  arts  for  the  improvement  of  the  mind,  in  which,  I 
confess,  we  have  set  them  the  example.  They  are  mo- 
dest, temperate,  and  charitable  ;  naturally  sprightly, 
sensible,  and  good  humoured  ;  and,  by  the  help  of  a 
more  elevated  education,  would  possess  all  the  accom- 
plishments desirable  in  the  sex.  Our  schools  are  in  the 
lowest  order  ;  the  instructors  want  instruction,  and 
through  a  long,  shameful  neglect  of  all  the  arts  and 
sciences,  our  common  speech  is  extremely  corrupt; 
and  the  evidences  of  a  bad  taste,  both  as  to  thought  and 
language,  are  visible  in  all  our  proceedings,  publick 
^d  private. 


Historj/  of  New- York.  325 


The  people,  both  in  town  and  country,  are  sober,  in- 
dustrious, and  hospitable,  though  intent  upon  fiain. 
The  richer  sort  keep  very  plentiful  tables,  abounding 
with  great  varieties  of  flesh,  fish,  fowl,  and  all  kinds 
of  vegetables.  The  comiuon  drinks  are  beer,  cider, 
weak  punch,  a  id  Madeira  wine.  >For  desert,  we  have 
fruits  in  vast  plenty,  of  different  kinds  and  various  spe- 
cies. 

Gentlemen  of  estates  rarely  reside  in  the  country, 
and  hence  few  or  no  experiments  have  yet  been  inade 
in  agriculture.  The  farms  being  large,  our  husband- 
men, for  that  reason,  have  little  recourse  to  art  for  ma- 
nuring and  improving  their  lands ;  but  it  is  said,  that  na- 
ture has  furnished  us  with  sufficient  helps,  whenever 
nicessity  calls  us  to  use  them.  It  is  iuuch  owing  to  the 
disproportion  between  the  number  of  our  inhabitants, 
and  the  vast  tracts  remaining  still  to  be  settled,  that  we 
have  not,  as  yet,  entered  upon  scarce  any  other  manu- 
factures, than  such  as  are  indispensably  necessary  for 
our  home  convenience.  Felt  making,  which  is  perhaps 
the  most  natural  of  any  we  could  fall  upon,  was  begun 
some  years  ago,  and  hats  were  exported  to  the  West 
Indies  with  great  success,  till  lately  prohibited  by  an 
act  of  parliament. 

The  inhabitants  of  this  colony  are  in  general  healthy 
and  robust,  taller,  but  shorter  lived,  than  Europeans, 
and,  both  with  respect  to  their  minds  and  bodies,  arrive 
sooner  to  an  age  of  maturity.  Breathing  a  serene,  dry, 
air,  they  are  more  sprightly  in  their  natural  teiupers 
than  the  people  of  England,  and  hence  instances  of  sui- 
cide are  here  very  uncommon.  The  history  of  our  dis- 
eases belongs  to  a  profession  with  which  I  am  very  lit- 
tle acquainted.    Few  physicians  amongst  us  are  emx- 


326 


History  of  New- York. 


nent  for  their  skill.  Quacks  abound  like  locusts  iu- 
JEy;ypt,  and  too  many  have  reconiniended  themselves  to 
a  full  practice  and  profitable  subsistence.  This  is  the 
less  to  be  wondered  at,  as  the  profession  is  under  no  kind 
of  regulation.  Loud  as  the  call  is,  to  our  shame  be  it 
remembered,  we  have  no  law  to  protect  the  lives  of  the 
king's  siibjeets,  from  the  malpractice  of  pretenders. 
Any  man,  at  his  pleasure,  sets  up  for  physician,  apoth- 
ecary, and  chirurgeon.  No  candidates  are  either  exam- 
ined or  licensed,  or  even  sworn  to  fair  practice.^  The 
natural  history  of  this  province  would  of  itself  furnish 
a  small  v(dume,  and  therefore  I  leave  this  also  to  sucli 
as  have  capacity  and  leisure  to  make  useful  observations 
in  that  curious  and  entertaining  branch  of  natural  phi- 
losophy. 

CHAPTER  III. 

Of  our  Trade. 

The  situation  of  New-York,  with  respect  to  foreign 
markets,  for  reasons  elsewhere  assigned,  is  to  be  pre- 
ferred to  any  of  our  colonies.  It  lies  in  the  centre  of 
the  British  plantations  on  the  continent,  has  at  all  times 
a  short,  easy  access  to  the  ocean,  and  commands  almost 
the  whole  Irade  of  Connecticut  and  New-Jersey,  two 
fertile  and  well  cultivated  colonies.  The  projection  of 
cape  Cod  into  the  Atlantick,  renders  the  navigation 
from  the  former  to  Boston,  at  some  seasons,  extremely 

*  The  necessity  of  regulating  the  practice  of  physic,  and  a  plan  for 
that  purpose,  were  strongly  recommended  by  the  author  of  the  Inde- 
pendent Reflector,  in  1753,  when  the  city  of  New- York  alone  boasted 
the  honour  of  having  above  forty  gentlemen  of  that  faculty. 


History  of  New-Yorlc, 


327 


perilous  ;  and  sometimes  the  coasters  are  driven  off^ 
and  compelled  to  winter  in  the  West  Indies.  Out  the 
conveyance  to  New-York  from  the  eastw^ard,  through 
the  sound,  is  short,  and  unexposed  to  such  dangers^ 
iPiiiladelphii  receives  as  little  advantage  from  New- 
Jersey,  as  Boston  from  Connecticut,  because  the  only 
rivers  which  roll  through  that  province  disembogue  not 
many  miles  from  the  very  city  of  New- York,  Several 
attempts  have  been  made  to  raise  Perth  Amboy  into  a 
trading  port  ;  but  hitherto  it  has  proved  to  be  an  un* 
feasible  project.  New- York,  all  tilings  considered,  has 
a  much  better  situation,  and,  were  it  otherwise,  the  city 
has  become  too  ri(  h  and  considerable,  to  be  eclipsed 
by  any  other  town  in  its  neighbourhood. 

Our  merchants  are  compared  to  a  hive  of  bees, 
who  industriously  gather  honey  for  others....no/i  vobis 
meUiJicatis  apes.  The  profits  of  our  trade  centre  chief- 
ly in  Great  Britain,  and,  for  that  reason,  methinks, 
among  others,  we  ought  always  to  receive  the  generous 
aid  and  protection  of  our  mother  country.  In  our  traf- 
fick  with  other  places,  the  balance  is  almost  constantly 
in  our  favour.  Our  exports  to  the  West  Indies  are 
bread,  peas,  rye  meal,  Indian  corn,  apples,  onions, 
boards,  staves,  horses,  sheep,  butter,  cheese,  pickled 
oysters,  beef,  and  pork.  Flour  is  also  a  main  article,  of 
which  there  is  shipped  about  eighty  thousand  barrels 
per  annum.  To  preserve  the  credit  of  this  important 
branch  of  our  staple,  we  have  a  good  law,  appointing 
officers  to  inspect  and  brand  every  cask  before  its  ex- 
portation. The  returns  are  chiefly  rum,  sugar,  and  mo- 
lasses, except  cash  from  Curacoa,  and  when  mules„ 
from  the  Spanish  main,  are  ordered  to  Jamaica,  and 
the  Windward  Islands,  which  are  generally  exchange 


328 


History  of  New- York. 


ed  for  their  natural  produce,  for  we  receive  but  lit- 
tle cash  from  our  own  islands.  The  balance  against 
them  would  be  much  more  in  our  favour,  if  the  in- 
dulgence to  our  sugar  colonies,  did  not  enable  them 
to  sell  their  produce  at  a  higher  rate  than  either  the 
Dutch  or  French  islands. 

The  Spaniards  commonly  contract  for  provisions, 
with  merchants  in  this  and  the  colony  of  Pennsylva- 
nia, very  much  to  the  advantage  both  of  the  con- 
tractors and  the  publick,  because  the  returns  are 
wholly  in  cash.  Our  wheat,  flour,  Indian  corn,  and 
lumber  shipped  to  Lisbon  and  Madeira,  balance  the 
Madeira  wine  imported  here. 

The  logwood  trade  to  the  bay  of  Honduras  is  very 
considerable,  and  was  pushed  by  our  merchants  with 
great  boldness  in  the  most  dangerous  times.  The  ex- 
portation of  flax  seed  to  Ireland  is  of  late  very  much 
increased.  Between  the  9th  of  December  1755,  and 
the  23d  of  February  following,  we  shipped  off"  twelve 
th(^usand  five  hundred  and  twenty-eight  hogsheads.  In 
return  for  this  article,  linens  are  imported  and  bills  of 
exchange  drawn  in  favour  of  England,  to  pay  for  the 
dry  goods  we  purchase  there.  Our  logwood  is  remit- 
ted to  the  English  merchants  for  the  same  purpose. 

The  fur  trade,  though  very  much  impaired  by  the 
French  wiles  and  encroachments,  ought  not  to  be  pass- 
ed over  in  silence.^    The  building  of  Oswego  has  con- 

^It  is  computed  that  former! 3^  we  exported  one  hundred  and  fifty 
hogsheads  of  beaver  and  other  fine  furs,  per  annum,  and  two  hundred 
hogsheads  of  Indian  dressed  deer  skins,  besides  those  carried  from 
Albany  into  New-England.  Skins  undressed  are  usually  shipped  to 
Holland. 


History  of  New-York. 


S29 


duced,  more  than  any  thing  else,  to  the  preservation  of 
this  trade.  Peltry  of  all  kinds  is  purchased  with  ru  n, 
aiiiniunition,  b!a  ikets,  stroiids,  and  wampum,  or  conque 
shell  bugles.  The  French  fur  trade,  at  Albany,  was 
cairied  on  till  the  summer,  1755,  by  the  Caghnuaga 
proselytes  ;  and  in  return  for  their  peltry,  they  receiv- 
ed Spanish  pieces  of  eigl.t,  and  some  other  articles 
which  the  French  want  to  complete  their  assortment  of 
Indian  goods.  For  the  savages  prefer  the  English 
strouds  to  theirs,  and  the  French  found  it  their  interest 
to  purchase  them  of  us,  and  transport  them  to  the 
western  Indians  on  the  lakes  Erie,  Huron,  and  at  the 
streight  of  Mi*?ilimakinac. 

Our  importation  of  dry  goods  from  England  is  so 
Vastly  great,  that  we  are  obliged  to  betake  ourselves  to 
all  possible  arts,  to  iniike  remittances  to  the  British  mer- 
chants. It  is  for  this  purpose  we  import  cotton  from  St. 
Thomas's  and  Surinam  ;  lime  juice  and  Nicaragua  wood 
from  Curacoa  ;  and  logwood  frojn  the  bay,  &c.  and  yet 
it  drains  us  of  all  the  silver  and  gold  we  can  collect. 
It  is  computed  that  the  annual  amount  of  the  goods 
purchased  by  this  colony  in  Great  Britain,  is  in  value 
not  less  than  100,000/.  sterling  ;  and  the  sum  would  be 
much  greater  if  a  stop  was  put  to  all  clandestine  trade. 
England  is,  doubtless,  entitled  to  all  our  superfluities  ; 
because  our  general  interests  are  closely  connected,  and 
her  navy  is  our  principal  defence.  On  this  account,  the 
trade  with  Hamburgh  and  Holland  for  duck,  chequered 
linen,  oznabrigs,  cordage,  and  tea,  is  certainly,  upon  t  je 
whole,  impolitick  and  unreasonable  ;  how  much  soever 
it  may  conduce  to  advance  the  interest  of  a  few  mer* 
chants^  or  this  particular  colony. 

42 


Ii39  History  oj  Nerv-York. 

By  what  measures  this  contraband  trade  may  l^e  ef- 
feclually  obstructed  is  hard  to  determine,  though  it  vvell^ 
deserves  the  attention  of  a  British  parliament.  Increas- 
ing the  number  of  custom  house  officers,  will  be  a  re- 
medy worse  than  the  disease.  Their  salaries  would  be 
an  additional  charge  upon  the  publick  ;  for  if  we  argue 
frr>m  their  conduct,  we  ought  not  to  presume  upon  their 
fidelity.  The  exclusive  right  of  the  East  India  compa- 
ny to  import  tea,  while  the  colonies  purchase  it  of  fo- 
reigners thirty  per  cent,  cheaper,  must  be  very  prejudi- 
cial to  the  nation.  Our  people,  both  in  town  and  country, 
are  shamefully  gone  into  the  habit  of  tea  drinking  ; 
and  it  is  supposed  we  consume  of  this  commodity  in 
value  near  10,000/.  sterling  per  annum. 

Some  are  of  opinion  that  the  fishery  of  sturgeons, 
which  abound  in  Hudson's  river,  might  be  improved  to 
the  great  advantage  of  the  colony  ;  and  tiiat,  if  proper 
measures  were  concerted,  much  profit  w  ould  arise  from 
ship  building  and  naval  stores.  It  is  certain  we  have 
timber  in  vast  pienty,  oak,  white  and  black  pines,  fir, 
locust,  red  and  white  mulberry,  and  cedar  ;  and  per- 
haps there  is  no  soil  on  the  globe,  fitter  for  the  produc- 
tion of  hemp  than  the  low  lands  in  the  county  of  Alba- 
ny-  To  what  I  have  already  said  concerning  iron  ore, 
a  necessary  article,  I  shall  add  an  extract  from  the  In- 
dependent Reflector. 

"  It  is  generally  believed  that  this  province  abounds 
with  a  variety  of  minerals.  Of  iron,  in  particular, 
w^e  have  such  plenty,  as  to  be  excelled  by  no  country 
in  the  world,  of  equal  extent.  It  is  a  metal  of  intrhi- 
sick  value  beyoiid  any  other,  and  preferable  to  tlie  pur- 
est gold.  The  former  is  converted  into  nu^xiberless 
forms,  for  as  many  indispensable  uses  ;  the  latter,  for 


lEstory  of  New-York. 


331 


Ks  portableness  and  scarcity,  is  only  fit  for  a  mediutn  of 
trade  :  but  iron  is  a  brancli  of  it,  and,  I  am  persuaded, 
wiii,  one  time  or  other,  be  one  of  the  most  valuable  ar- 
ticles of  our  commerce.    Our  annual  exports  to  Bos- 
ton, Rhode  Island,  and  Connecticut,  and,  since  the  late 
act  of  parliam.ent,  to  England,  are  far  from  being  in- 
considerable.   The  bodies  of  iron  ore,  in  the  northern 
parts  of  this  province,  are  so  many,  their  quality  so 
good,  and  their  situation  so  convenient,  in  respect  of 
wood,  water,  hearth  stone,  proper  fluxes,  and  carriage, 
for  furnaces,  bloomeries,  and  forges,  that  with  a  little 
attention,  we  might  very  soon  rival  the  Swedes  in  the 
produce  of  this  article.    If  any  American  attempts  in 
iron  w^oiks  have  proved  abortive,  and  disappointed  their 
imdertakers,  it  is  not  to  be  imputed  either  to  the  quali- 
ty of  the  ore,  or  a  defect  of  conveniences.    The  want 
of  more  workmen,  and  the  villainy  of  those  we  general- 
ly have,  are  the  only  causes  to  wdiich  we  must  attribute 
such  miscaiTiages.    No  man,  who  has  been  concerned 
in  them,  will  disagree  w^ith  m.e,  if  I  assert,  that  from  the 
founder  of  the  furnace  to  the  meanest  banksman,  or 
jobber,  they  are  usually  lov>^,  profligate,  drunken,  and 
faithless.    And  yet,  under  all  the  innumerable  disad- 
vantages of  such  instruments,  very  large  estates  have, 
in  this  way,  been  raised  in  some  of  our  colonies.  Our 
success,  therefore,  in  the  iron  manufactory,  is  obstruct- 
ed and  discouraged  by  the  want  of  workmen,  and  the 
high  price  of  labour,  its  necessary  consequence,  and  by 
these  alone  ;  but  'tis  our  happiness,  that  such  only  be- 
ing the  cause,  the  means  of  redress  are  entirely  in  our 
own  hands.    Nothing  more  is  wanting  to  open  a  vast 
fund  of  riches  to  the  province,  in  this  branch  of  trade, 
than  the  importation  of  foreigners.  If  our  merchants  anci 


332  History  of  New-York. 

landed  gentlemen  could  be  brought  to  a  coalition  in 
this  design,  their  private  interests  would  not  be  better 
advanced  by  it,  than  the  publick  emoiument  ;  the  hit- 
ter, in  particular,  would  tliereby  vastly  improve  their 
lands,  increase  the  number  and  raise  the  rents  of  their 
tenants.  And  I  cannot  but  think,  that  if  those  gentle-^ 
men,  who  are  too  inactive  to  engage  in  such  an  enter- 
prise, would  only  be  at  the  pains  of  drawing  up  full 
representations  of  their  advantages  for  iron  works,  and 
of  publishing  them,  from  time  to  time,  in  Great  Britain, 
Ireland,  Germany,  and  Sweden ;  the  province  would 
mow  be  supplied  with  a  sufficient  number  of  capable 
workmen  in  all  the  branches  of  that  manufactory." 

The  money  used  in  this  province  is  silver,  gold,  Bri- 
tish halfpence,  and  bills  of  credit.  To  counterfeit 
either  of  them  is  felony  without  benefit  of  clergy  ;  but 
none,  except  the  latter,  and  Lyon  dollars,  are  a  legal 
tender.  Twelve  halfpence,  till  lately,  passed  for  a 
shilling  ;  which  being  much  beyond  their  value  in  any 
of  the  neighbouring  colonies,  the  assembly,  in  1753, 
resolved  to  proceed,  at  their  next  meeting,  after  the 
first  of  May  ensuing,  to  the  consideration  of  a  metliod 
for  ascertaining  their  value.  A  set  of  gentlemen,  in 
number  seventy-two,  took  the  advantage  of  the  discre- 
dit that  resolve  put  upon  copper  halfpence,  and  on  the 
22d  of  December,  subscribed  a  paper,  engaging  not  to 
receive  or  pass  tliem,  except  at  the  rate  of  fourteen 
coppers  to  a  shilling.  This  gave  rise  to  a  mob,  for  a 
few  days,  among  the  lower  class  of  people  ;  but  some 
of  them  being  imprisoned,  the  scheme  was  carried  into 
execution,  and  established  in  every  par  t  of  the  province, 
without  the  aid  of  a  law.  Our  paper  bills,  which  are 
issued  to  serve  the  exigencies  of  the  government,  wero 


History  of  New- York. 


33a 


at  first  equal  to  an  ounce  of  silver,  then  valued  at  eio;ht 
i^billini^s.  Before  the  late  Spanish  war,  silver  and  g;old 
were  in  great  demand,  to  make  remittances  for  Euro- 
pean goods,  and  then  the  bills  sunk,  an  ounce  of  silver 
being  worlli  nine  shillings  and  thn  e  pence.  During 
the  \mr,  the  credit  of  our  bills  was  well  supported,  part- 
ly by  the  number  of  prizes  taken  by  our  privateers,  and 
the  iiigh  price  of  our  produce  abroad  ;  and  partly  by 
the  logwood  trade  and  tlie  depreciation  of  the  New- 
England  paper  luoney,  which  gave  imrs  a  free  circula- 
tion through  the  eastern  colonies.  Since  the  war,  sil- 
ver has  been  valued  at  about  nine  shillings  and  two 
pence  an  ounce,  and  is  doubtless  fixed  there,  till  our 
imports  exceed  v/tiat  we  export.  To  assist  his  majesty 
for  removing  the  late  encroachments  of  the  Frrnch,  we 
have  issued  80,000/.  to  be  sunk  in  short  periods,  by  a 
tax  on  estates  real  and  personal  ;  and  the  whole  amount 
of  our  paper  currency  is  thought  to  be  about  160,000/, 
Never  was  the  trade  of  this  province  in  so  flouash- 
ing  a  condition,  as  at  the  latter  end  of  the  late  French 
war.  Above  twenty  privateers  were  often  out  of  this 
port,  at  a  time  ;  and  they  were  very  successful  in  their 
captures.  Provisions,  which  are  our  staple,  bore  a  high 
price  in  the  West  Indies.  The  French,  distressed 
through  a  want  of  them,  gladly  received  our  flags  of 
truce,  though  sometimes  they  had  but  one  or  two  pri- 
soners on  board,  because  they  weie  always  loaded  with 
flour,  beef,  pork,  and  such  like  commodities.  The  dan- 
ger their  own  vessels  were  exposed  to,  induced  them  to 
sell  their  sugars  to  us  at  a  very  low  rate.  A  trade  was, 
at  the  same  time,  carried  on  between  Jamaica  and  the 
Spanish  Main,  which  opened  a  fine  market  to  the  north- 
ern colonies,  and  the  returns  were,  principally,  in  cash. 


334 


History  of  New-York. 


It  was  generally  thought,  that  if  the  war  had  continued 
the  greatest  part  of  the  produce  of  the  Spanish  and 
French  settlements  in  the  West  Indies  would  have  been 
transported  to  Great  Britain,  through  some  one  or  oth- 
er of  her  colonies  ;  whence  we  may  fairly  argue  their 
prodigious  importance- 

The  provincial  laws  relating  to  our  trade  are  not 
very  numerous.  Those  concerned  in  them,  may  have 
recourse  to  the  late  edition  of  our  acts  at  large,  pub- 
lished in  1752  ;  and  for  this  reason,  I  beg  to  be  excused 
from  exhibiting  an  unentertaining  summaiy  of  them  in 
this  work. 


CHAPTER  lY. 

Of  our  Religious  Slate. 

By  the  account  already  given,  of  the  rise  and  pro- 
gress of  the  acts  for  settling  a  ministry  in  four  counties, 
and  the  observations  made  concerning  our  various 
Christian  denominations,  I  have,  in  a  great  measure,  an- 
ticipated what  I  at  first  intended  to  have  ranged  under 
this  head. 

The  principal  distinctions  among  us,  are  the  episco- 
palians, and  the  Dutch  and  English  presbyterians  ;  the 
two  last,  together  with  all  the  other  protestants  in  the 
colony,  are  sometimes  (perhaps  here  improperly)  called 
by  the  general  name  of  dissenters  ;  and,  compared  to 
them,  the  episcopalians  are,  I  believe,  scarce  in  the  pro- 
portion of  one  to  fifteen.  Hence  partly  arises  the  gen- 
eral discontent  on  account  of  the  ministry  acts  ;  not  so 
much  that  the  provision  made  by  them  is  engrossed  by 
the  minor  sect,  as  because  the  body  of  the  people,  are 


Hisiory  of  Neiv-York: 


333 


for  an  equal,  universal,  toleration  of  protestants,  and 
utterly  averse  to  any  kind  of  ecclesiastical  establish- 
ment. The  dissenters,  thougli  fearless  of  each  other,  are 
all  jealous  of  the  episcopal  party,  being  apprehensive 
that  the  countenance  they  may  have  from  home,  will 
foment  a  lust  for  dominion,  and  enable  them,  in  process 
of  time,  to  subjugate  and  oppress  their  fellow  subjects- 
The  violent  measures  of  some  of  our  governours  have 
given  an  alarm  to  their  fears,  and  if  ever  any  other  gen- 
tleman, who  may  be  honoured  with  the  chief  command 
of  the  province,  begins  to  divert  himself,  by  retrench- 
ing the  privileges  and  immunities  they  now^  enjoy,  the 
confusion  of  the  province  will  be  the  unavoidable  con- 
sequence of  his  folly.  For  though  his  majesty  has  no 
other  subjects  upon  whose  loyalty  he  can  more  firmly 
depend,  yet  an  abhorrence  of  persecution,  under  any  of 
its  appearances,  is  so  deeply  rooted  in  the  people  of 
this  plantation  ;  that  as  long  as  they  continue  their 
numbers  and  interest  in  the  assembly,  no  attempt  will 
probably  be  made  upon  the  rights  of  conscience,  with- 
out  endangering  the  publick  repose. 

Of  the  government  of  the  Dutch  churches,  I  have  al- 
ready given  an  account.  As  to  the  episcopal  clergy, 
the}'  are  missionaries  of  the  English  society  for  propa- 
gating the  gospel,  and  ordinarily  ordained  by  the  bi- 
shop of  London,  who,  having  a  commission  from  the  king 
to  exercise  ecclesiastical  jurisdiction,  commonly  ap- 
points a  clergyman  here  for  his  commissary.  The  min- 
isters are  called  by  the  particular  churches,  and  main- 
tained by  the  voluntary  contribution  of  their  auditors 
and  the  society's  annual  ailovvance,  their  being  no  law^ 
for  tithes. 


336 


History  of  JNciV-Yorkj 


The  Enfijlish  presbyteiians  are  yery  niimeroiJig. 
Those  inhabiting  New-York,  New-Jersey,  Pennsylva- 
nia, and  the  three  Delaware  counties,  are  re^ulariy 
formed,  after  the  manner  of  the  church  of  Scotland,  in- 
to consistories  or  kirk  sessions,  pre.^byteries  and  synods, 
and  will  probably  soon  join  in  erecting  a  general  as- 
sembly. The  clergy  are  ordained  by  their  fellows, 
and  maintained  by  their  respective  congregations.  I 
except  those  missionaries  among  the  Indians,  whose  sub-^ 
sistance  is  paid  by  the  society  in  Scotland  for  propagat- 
inof  Christian  knowledge.  None  of  the  presbyterian 
churches  in  this  province  are  incorporated,  as  is  the  case 
of  many  in  New-Jersey.  Their  judicatories  are  upon  a 
very  proper  establish  nent,  for  they  have  no  authority 
b\  legal  sanctions  to  enforce  their  decrees.  Nor  indeed 
is  any  religious  sect,  amongst  us,  legally  invested  with 
powers  prejudicial  to  the  common  privileges  of  the 
rest.  The  dominion  of  all  our  clergy  is,  as  it  ought  to 
be,  merely  spiritual.  The  episcopalians,  however,  some- 
times pretend,  that  the  ecclesiastical  establishment  in 
3outh  Britain  extends  here  ;  but  the  whole  body  of  the 
dissenters  ar  averse  to  the  doctrine.  The  point  has 
been  disputed  with  great  fervour,  and  the  sum  of  the 
arguments  against  it  is  contained  in  a  late  paper,  which 
I  sliall  lay  before  the  reader,  at  large,  without  any  ad- 
ditional reflections* 

It  was  published  in  September,  1753,  under  the  title 
of  the  Independent  Reflector,  and  is  \\\  these  words  : 

The  arguments  in  support  of  an  ecclesiastical  esta- 
blishment, in  this  province,  iinpartially  considered  and 
refuted : 


tlistory  of  New- York. 


337 


 Eripe  turpi 

Colla  jugo  :  li))er,  liber  surrs  die  age.  Hor. 

Whether  tiie  church  of  England  is  equally  establish- 
ed in  the  colonies,  as  in  the  southern  parts  of  Great 
Britain,  is  a  question  that  has  often  been  controverted. 
Those  who  hold  the  affirmative,  have  drawn  a  long  train 
of  consequences  in  favour  of  the  episcopalians,  taking 
it  for  granted  that  the  truth  is  on  their  side.    The  pres- 
byterians,  independents,  congregationalists,  anabaptists, 
quakers,  and  all  those  among  us,  who,  in  England, 
would  fall  under  the  general  denomination  of  dissenters, 
are  warm  in  the  negative.    I  beg  leave,  therefore,  to 
ifjierpose  in  the  debate  ;  and,  as  I  promised  in  the  in- 
troduction to  these  papers,  to  vindicate  the  religious,  as 
well  as  civil  rights  and  privileges  of  my  countrymen  ;  I 
shall  devote  this  paper  to  a  consideration  of  so  impor- 
tant a  point :  to  w  hich  I  am  the  more  strongly  inclined, 
because  such  establishment  has  often  been  urged  against 
the  scheme  I  have  proposed  for  the  constitution  of  our 
college.    My  opinion  is,  that  the  notion  of  a  general 
religious  establishment  in  this  province,  is  entirely 
groundless.    According  to  the  strict  rules  of  controver- 
sy, the  onus  prohandiy  or  the  burden  of  the  proof,  lies 
upon  those  who  affirm  the  position,  and  it  would  there- 
fore be  sufficient  for  me  barely  to  deny  it*   I  shall,  ne- 
vertheless, wave  the  advantage  of  this  rule  of  the  schools; 
and,  as  becomes  an  impartial  advocate  for  truth,  pro- 
ceed to  state  the  arguments  which  are  generally  tirged 
in  support  of  an  establishment.    I  shall  then  show  theii* 
insufficiency,  and  conclude  with  the  particular  reasons 
upon  which  my  opinion  is  founded. 

They  who  assert  that  the  church  of  England  is  esta- 
blished in  this  province,  never,  that  I  have  heard  of^^ 


338 


History  of  New- York. 


pretended  that  it  owes  its  establishment  to  any  provin- 
cial law  of  our  own  making.  Nor,  indeed,  is  there  tlie 
Jeast  ground  for  such  a  supposition.  The  acts,  that  es- 
tablish a  ministry  in  this,  and  three  other  counties,  do 
not  affect  the  whole  colony  ;  and,  therefore,  can  by  no 
means  be  urged  in  support  of  a  general  establishment. 
Nor  were  they  originally  designed  to  establish  the  epis-' 
copalians  in  preference  or  exclusion  of  any  other  pro- 
testants  in  those  counties  to  which  they  are  limited. 
But  as  the  proposition  is,  that  the  establishment  of  the- 
church  of  England  is  equally  binding  here,  as  in  Eng- 
land ;  so,  agreeable  thereto,  the  arguments  they  ad- 
duce are  the  following  : 

First,  That  as  we  are  an  English  colony,  the  constitu- 
tional laws  of  our  mother  country,  antecedent  to  the 
legislature  of  our  own,  are  binding  upon  us  ;  and  there- 
fore at  the  planting  of  this  colony,  the  English  religious 
establishment  immediately  took  place. 

Secondly,  That  the  act,  which  established  the  epis- 
copal church  in  South  Britain,  previous  to  the  union  of 
England  and  Scotland,  extends  to,  and  equally  affects, 
all  the  colonies. 

These  are  the  only  arguments  that  can  be  offered 
with  the  least  plausibility  ;  and  if  they  are  shown  to  be 
inconclusive,  the  position  is  disproved,  and  the  argu- 
ments, of  consequence,  must  be  impertinent  and  ground- 
less. I  shall  begin  with  the  examination  of  the  first : 
and  heVe  it  must  be  confessed,  for  undoubted  law,  that 
every  new  colony,  till  it  has  a  legislature  of  its  own,  is, 
in  general,  subject  to  the  laws  of  the  country  from  which 
it  originally  sprang.  But  that  all  of  them,  without  dis- 
tinction, are  to  be  supposed  binding  upon  such  planters, 
is  neither  agreeable  to  law  nor  reason.    The  laws  which 


History  of  New-York. 


339 


ihey  carry  with  them,  and  to  which  they  are  fiubjecf, 
are  such  as  are  absolutely  necessary  to  answer  the  ori- 
ginal intention  of  our  entering  into  a  state  of  society. 
Such  as  are  requisite,  in  their  new  colony  state,  for  the 
advancement  of  their  and  the  general  prosperity  ;  such, 
without  which  Ihey  will  neither  be  protected  in  their 
lives,  liberty,  or  property  :  and  the  true  reason  of  their 
being  considered,  even  subject  to  such  laws,  arises  from 
the  absolute  necessity  of  their  being  under  some  kind 
of  government,  their  supporting  a  colony  relation  and 
dependence,  and  the  evident  fitness  of  their  subjection 
to  the  laws  of  their  mother  country,  with  which  alone 
they  can  be  supposed  to  be  acquainted.  Even  at  this 
day  we  extend  every  general  act  of  parliament  which 
Ave  think  reasonable  and  fit  for  us,  though  it  was  neither 
designed  to  be  a  law  upon  us,  nor  has  words  to  include 
us,  and  has  even  been  enacted  long  since  we  had  a  le- 
gislature of  our  own.  This  is  a  practice  we  have  intro- 
duced for  our  conveniency  but  that  the  English 
laws,  so  far  as  I  have  distinguished  them,  should  be 
binding  upon  us,  antecedent  to  our  having  a  legislature 
of  our  own,  is  of  absolute  unavoidable  necessity.  But 
no  such  necessity  can  be  pretended  in  favour  of  the  in- 
troduction of  any  religious  establishment  whatsoever  ; 
because,  it  is  evident  that  different  societies  do  exist 
w  ith  different  ecclesiastical  laws,  or,  which  is  sufficient 
to  my  purpose,  without  such  as  the  English  establish- 
ment ;  and  that  civil  society,  as  it  is  antecedent  to  any 
ecclesiastical  establishments,  is  in  its  nature  unconnect- 
ed with  them,  independent  of  them,  and  all  social  hap- 
piness completely  attainable  without  them. 

*  This  practice  is  very  dangerous,  and  is  assuming  little  less  than 
^  iegislatire  authority. 


340 


History  of  New- York. 


Secondly,  To  suppose  all  the  laws  of  England,  with- 
out distinction,  obligatory  upon  every  new  colony  at 
its  implantation,  is  absurd,  and  would  effectually  pre- 
vent the  subjects  from  undertaking  so  hazarlous  an  ad- 
ventuie.  Upon  such  a  supposition  a  thousand  laws  will 
be  introduced,  inconsistent  with  the  state  of  a  new  coun-* 
try,  and  destructive  of  the  planters.  To  use  the  wordg 
of  the  late  attorney  general,  sir  Dudley  Ryder,^  "  It 
would  be  acting  the  pai  t  of  an  unskilful  physician,  who 
should  presc  ribe  the  same  dose  to  every  patient,  with-r 
out  distinguishing  the  variety  of  distempers  and  con- 
stitutions." According  to  this  doctrine,  we  are  subject 
to  the  payment  of  tithes,  ought  to  have  a  spiritual  court, 
and  impoverished,  as  the  first  settlers  of  the  province 
must  have  been,  they  were  yet  liable  to  the  payment 
of  the  land  tax.  And  had  this  been  the  sense  of  our 
rulers,  and  their  conduct  conformable  thereto,  scarce 
ever  would  our  colonies  have  appeared  in  their  present 
flf»urishing  condition ;  especially  if  it  be  considered 
that  tlie  first  settlers  of  most  of  them,  sought  an  exemp- 
tion in  these  American  wilds,  from  the  establishment  to 
which  they  were  subject  at  home. 

Thirdly,  If  the  planters  of  every  new  colony  carry 
with  them  the  established  religion  of  Ihe  counlry  from 
whence  they  Uiigrate  ;  it  follows,  that  if  a  colony  had 
been  planted  when  the  English  nation  were  pagans,  tiie 
establisliment  in  such  col  ny  u  ust  be  paganism  alone  : 
and,  iti  like  manner,  had  Ihis  colony  been  planted  while 
popery  was  established  in  England,  the  religion  of  pa- 
pists must  have  been  our  established  religion  ;  and  if  it 

*  Aftf  rwarr's  lord  chief  justice  of  the  king's  bench.  These  were  his^ 
yorrls.  in  an  opinioa  against  the  extent  of  the  statute  of  frauds  aQ(l 
perjuries. 


JRsiory  of  New-YorJc. 


341 


is  our  duty  to  conform  to  the  relii^ion  estahlished  at 
hoiue,  we  are  equally  bouml,  against  conscience  and 
V\e  Bible,  to  be  pagans,  papists,  or  protestants,  accord- 
ing to  the  particular  religion  they  shall  please  to  adopt. 
A  doctrine  that  can  never  be  urged,  but  with  a  very 
ill  grace  indeed,  by  any  protestant  minister  ! 

Fourthly,  If  the  church  of  England  is  established  in 
this  colony,  it  must  either  be  founded  on  acts  of  parlia- 
ment, or  the  common  law.  That  it  is  not  established 
by  the  first,  I  shall  prove  in  the  sequel ;  and  that  it  can- 
not be  established  by  the  common  law,  appears  froiij 
the  following  considerations. 

The  common  law  of  England,  properly  defined,  con- 
sists of  those  general  laws  to  which  the  English  have 
been  accustouied,  from  time  whereof  there  is  no  mem- 
ory to  the  contrary  :  and  every  law,  deriving  its  valid- 
ity from  such  immemorial  custom,  must  be  carried 
back  as  far  as  to  the  reign  of  Richard  I.  whose  death 
happened  on  the  6th  of  April,  1199.  But  the  present 
est  ablishment  of  the  church  of  England  was  not  till  the 
fifth  year  of  queen  Anne.  And  hence  it  is  apparent, 
that  the  establishment  of  the  church  of  England,  can 
never  be  argued  from  the  common  law  even  in  Eng- 
land ;  nor  could  be  any  part  of  it,  since  it  depends  not 
for  its  validity  upon  custom  immemorial.  And  tl^ere- 
fore,  though  it  be  admitted,  that  every  English  colony 
is  subject  to  the  common  law  of  the  realm,  it  by  no 
means  follows,  that  the  church  of  England  is  established 
in  the  colonies ;  because,  the  common  law  knows  of  no 
such  religious  establishment,  nor  considers  any  religious 
estal)lishment  whatever,  as  any  part  of  the  Englisli  con- 
stitution. It  does,  indeed,  encourage  religion ;  but  that, 
and  a  particular  churcli  government,  are  tilings  entirely 
different 


342 


Hislory  of  JSew-Yorh 


I  proceed  now  to  a  consideration  of  the  second  ar2;u- 
nient  insisted  on,  to  prove  an  episcopal  establishment 
in  the  colonies,  founded  on  the  act  which  established 
the  church  of  England,  passed  in  the  fifth  year  of  queen 
Anne,  recited  and  ratified  in  the  act  for  an  union  of  the 
two  kingdoms  of  England  and  Scotland.  And  that  this 
act  does  not  establish  the  church  of  England  in  the  col- 
onies, has  been  so  fully  shown  by  Mr.  Hobart,^  in  his 
second  address  to  the  episcopal  separation  in  New-Eng- 
land, that  I  shall  content  myself  with  an  extract  from 
the  works  of  that  ingenious  gentleman,  which,  with 
verv  little  alteration,  is  as  follows  : 

"  The  act  we  are  now  dispviting  about,  was  made  in 
the  fifth  year  of  queen  Anne,  and  is  entitled,  an  act  for 
securing  the  church  of  England,  as  by  law  established. 
The  occasion  of  the  statute  was  this  :  the  parliament  in 
Scotland,  when  treating  of  an  union  with  England,  were 
apprehensive  of  its  endangering  their  ecclesiastical  es- 
tablishment. Scotland  was  to  have  but  a  small  share  in 
the  legislature  of  Great  Britain,  but  forty-five  members 
in  the  house  of  commons,  wdiich  consists  of  above  five 
hundred,  and  but  sixteen  in  the  house  of  lords,  which 
then  consisted  of  near  an  hundred,  and  might  be  increas- 
ed by  the  sovereign  at  pleasure.  The  Scots,  therefore, 
to  prevent  having  their  ecclesiastical  establishment  re- 
pealed in  a  British  parliament,  where  they  might  be  so 
easily  outvoted  by  the  English  members,  passed  an  act, 
previous  to  the  union,  establishing  the  presbyterian 
church  within  the  kingdom  of  Scotland,  in  perpetuity, 
and  made  this  act  an  essential  and  fundamental  part  of 
the  union  which  might  not  be  repealed,  or  altered  by 
any  subsequent  British  parliament ;  and  this  put  the 


*  A  minister  of  one  of  the  churches  at  Fairfield,  in  Connecticut. 


History  of  New-YofJc. 


343 


En2:li^h  parliament  upon  passing  tiiis  act  for  securing 
the  cimrcli  of  England.  Keither  of  them  designed  to 
enlarge  Ihe  bounds  of  their  ecclesiastical  constitution, 
or  extend  their  establishment  farther  tiion  it  reached  be- 
fore, but  onl  to  secure  and  perpetuate  it  in  its  then 
present  extent.  This  is  evident,  not  only  from  the  oc- 
casion of  the  act,  but  from  the  charitable  temper  the 
English  parliament  was  under  the  influence  of,  when 
they  passed  it.  The  lord  North  and  Grey  offered  a 
rider  to  be  added  to  the  bill  for  an  union,  viz.  That  it 
might  not  extend  to  an  approbation  or  acknowledgment 
of  the  truth  of  the  presbyterian  way  of  worship,  or  al- 
lowing the  religion  of  the  church  of  Scotland  to  be,  what 
it  is  st)  led,  the  true  protestant  religion.  But  this  clause 
was  rejected. — A  parliament  that  would  acknowledge 
the  religion  of  the  church  of  Scotland,  to  be  the  true 
protestant  religion,  and  allow  their  acts  to  extend  to  an 
approbation  of  the  presbyterian  way  of  worship,  though 
they  might  think  it  best  to  secure  and  perpetuate  the 
church  of  England  within  those  bounds,  wherein  it  was 
before  established,  can  hardly  be  supposed  to  have  de- 
signed to  extend  it  beyond  them. 

"  The  title  of  the  act  is  exactly  agreeable  to  what  we 
have  said  of  the  design  of  it,  and  of  the  temper  of  the 
parliament  that  passed  it.  'Tis  entitled,  an  act  not  for 
enlarging,  but  for  securing  the  church  of  England,  and 
that  not  in  the  American  plantations,  but  as  it  is  now  by 
law  established  ;  which  plainly  means  no  more  than  to 
perpetuate  it  v/ithin  its  ancient  boundaries. 

"  The  provision  made  in  the  act  itself,  is  well  adapted 
to  this  design  ;  for  it  enacts,  that  the  act  of  the  13th  of 
Elizabeth,  and  the  act  of  uniformity,  passed  in  the  13th 
year  of  Charles  II.  and  all  and  singular  other  acts  of 


344 


History  of  New-York. 


parliament  llien  in  force  for  the  establishment  and  pre-^ 
ser  vation  of  the  church  of  England,  should  remain  in 
full  force  for  ever  ;  and  that  every  succeeding  sove* 
reign  should,  at  his  coronation,  take  and  subscribe  an 
oath  to  maintain  and  preserve  inviolably  the  said  settle- 
ment of  the  church  of  England,  as  by  law  established, 
within  the  kingdoms  of  England  and  Ireland,  the  do- 
minion of  Wales,  and  town  of  Berwick  upon  Tv^eed, 
and  the  territories  thereunto  belonging.  Tliis  act  d(4h 
not  use  such  expressions,  as  would  have  been  proper 
and  even  necessary,  had  the  design  been  to  have  made 
a  new  establishment  ;  but  only  such  as  are  proper  to 
ratify  and  confirm  an  old  one.  The  settlement,  which 
the  king  is  sworn  to  preserve,  is  represented  as  existing 
previously  to  the  passing  this  act,  and  not  as  made  by 
it.  The  words  of  the  oath  are,  to  maintain  and  pre- 
serve inviolably  the  said  settlement.  If  it  be  asked, 
Avhat  settlement  ?  The  answer  must  be,  a  settlement 
heretofore  made  and  confirmed  by  certain  statutes, 
which  for  the  greater  certainty  and  security  are  enume- 
rated in  this  act,  and  declared  to  be  unalterable.  This 
is  the  settlement  ti  e  king  is  sworn  to  preserve,  and  ti  is 
settlement  has  no  relation  to  us  in  America.  For  the 
act,  which  originally  made  it,  did  not  reach  hither  ;  and 
this  act,  which  perpetuates  them,  does  not  extend  them 
to  us." 

It  is  a  mistake  to  imagine,  that  the  word  territories 
necessarily  means  these  American  colonies.  "  Tliese 
countries  are  usually  in  law,  as  well  as  other  writings, 
styled  colonies  or  plantations,  and  not  territories.  An 
instance  of  this  we  have  in  the  charter  to  the  society 
for  propagating  the  gospel  in  foreign  parts."  And  it  i^ 
the  invariable  practice  of  the  legislature,  in  every  act 


History  of  New-York. 


343 


of  parliament,  both  before  and  after  this  act,  designed 
to  aiie(  t  us,  to  use  the  words  colonies,  or  plantations. 
Nor  is  it  to  be  supposed,  that,  in  so  i:nportant  a  matter, 
words  of  so  direct  and  broad  an  intent  would  have  been 
omitted.  "  The  islands  of  Jersey  and  Guernsey  were 
properly  territories  belongin<^  to  the  kingdom  of  Eng- 
land, before  the  union  took  place  ;  and  they  staiid  in 
the  same  relation  to  the  kingdoin  of  Great  Bi  itain  since. 
The  church  of  England  was  established  in  these  islands, 
and  the  legislature  iiitended  to  perpetuate  it  in  tiiem,  as 
well  as  in  England  itself;  so  that  as  these  islands  were 
not  particularly  nained  in  the  act,  there  was  occasion  to 
use  the  word  territories,  even  upon  the  supposition  tiiat 
they  did  not  design  to  make  the  establisiiment  more  ex- 
tensive than  it  was  before  this  law  passed."  Further, 
in  order  to  include  the  plantations  in  the  word  territo- 
ries, we  must  suppose  it  always  to  mean  every  other 
part  of  the  dominions  not  particularly  mentioned  m  the 
instrument  that  uses  it,  which  is  a  construction  that  can 
never  be  admitted  :  for,  hence  it  will  follow,  that  those 
commissions  which  give  the  government  of  a  colony, 
and  the  territories  thereon  depending  in  America  (and 
this  is  the  case  of  every  one  of  them)  extend  to  all  the 
American  colonies,  and  their  governoiirs  must  of  con- 
sequence have  reciprocal  superintendencies  ;  and  should 
any  commission  include  the  word  territories  generally, 
unrestricted  to  America,  by  the  same  construction  the 
grvernour,  therein  mentioned,  might  exercise  an  author- 
ity under  it,  not  only  in  America,  but  in  Africa  and 
the  Indies,  and  even  in  the  kingdom  of  Ireland,  and, 
perhaps,  in  the  absence  of  the  king,  in  Great  Britain  it- 
self   Mr.  Hobait  goes  on,  and  argues  against  the  es- 

44 


346 


HislGry  of  New-YorL 


tablishment  from  the  light  in  which  the  act  of  union  has, 
ever  since  it  was  passed,  been  considered. 

"  Dr.  Bisse,  bishop  of  Hereford,  (says  he)  a  member 
of  the  society,  preached  the  annual  sermon,  February 
21,  1717,  ten  years  after  the  act  of  uoion  took  place  ; 
and  he  says,  it  would  have  well  become  the  wisdom 
wherewith  that  great  v»^ork  (the  reformation  or  esta- 
blishment of  the  church  of  England)  was  conducted  in 
this  kingdom,  that  this  foreign  enterprise  (the  settle- 
ment of  plantations  in  America)  also  should  have  been 
carried  on  by  the  government  in  the  like  regular  way. 
But  he  owns  the  government  at  home  did  not  interpose 
in  the  case,  or  establish  any  form  of  religion  for  us-  In 
truth  (says  his  lordship)  the  whole  Avas  left  to  the  wis- 
dom of  the  first  proprietors,  and  to  the  conduct  of  every 
private  man.  He  observes,  that  of  late  years  the  civil 
interest  hath  been  regarded,  and  the  dependence  of  the 
colonies,  on  the  imperial  crown  of  the  realm,  secured  : 
but  then,  with  regard  to  the  religion  of  the  plantations, 
his  lordship  acknowledges,  that  the  government  itself 
here  at  home,  sovereign  as  it  is,  and  invested  doubtless 
with  sufficient  authority  there,  hath  not  thought  fit  to 
interpose  in  this  matter,  otherwise  than  in  this  charita- 
ble way  :  it  hath  enabled  us  to  ask  the  benevolence  of 
all  good  Christians  towards  the  support  of  missionaries 
to  be  sent  among  them.  Thus  bishop  Bisse  thought  as 
I  do,  and  that  the  act  of  union  nor  any  other  law  prior 
thereto,  did  extend  the  establishment  to  the  plantations ; 
and  if  the  society  had  not  been  of  the  same  opinion^ 
they  would  hardly  have  printed  and  dispersed  his  ser- 
mon. Neither  did  the  civil  rulers  of  the  nation,  who 
may  justly  be  supposed  acquainted  with  its  laws,  think 
the  act  of  union,  or  any  other  law,  established  the  church 


History  of  New-York. 


347 


of  England  in  America.  This  is  plain  from  the  letter 
of  the  lords  justices  to  governour  Dum  ner,  in  the  year 
1725,  almost  twenty  years  after  the  union,  wherein  they 
say,  there  is  no  regular  establishment  of  any  national 
or  provincial  church  in  these  plantations. 

"  If  it  be  urged  that  the  king's  commission  to  the  late 
bishop  of  London,  proves  an  ecclesiastical  establishment 
here,  it  is  sufficient  to  answer,  that  his  lordship  was  re- 
markable for  skill  in  the  laws,  so  far  as  they  relate  to 
-ecclesiastical  aflairs,  as  appears  from  his  codex ;  and  he 
was  of  the  contrary  opinion  ;  for  in  his  letter  to  Dr, 
Colman,  of  May  24,  1735,  he  writes  thus  :  my  opinion 
has  alwa^^s  been,  that  the  religious  state  of  New  Eng- 
land is  founded  in  an  equal  liberty  to  all  protestants  ; 
none  of  which  can  claim  the  name  of  a  national  esta- 
blishment, or  any  kind  of  superiority  over  the  rest. 
This  opinion  the  bishop  gave  not  only  since  the  act  of 
union,  but  even  seven  years  after  he  had  received  his 
commission  ;  and  surely  it  must  be  admitted  that  as  he 
had  time  enough  to  consider  it,  so  he,  of  all  others,  best 
understood  it."  Thus  far  Mr,  Ilobart.  With  respect 
to  the  act  of  union,  1  beg  leave  only  to  subjoin,  that  it 
is  highly  probable  the  Scotch  parliament  believed  the 
English  intended  to  establish  their  church  only  in  Eng- 
land. For  in  the  close  of  the  act,  by  wliich  they  had 
established  the  presbyterian  church  in  Scotland,  it  is 
declared,  in  these  express  words,  "  That  the  parliament 
of  England  may  provide  for  the  security  of  the  church 
of  England,  as  they  think  expedient,  to  take  place  with- 
in the  bounds  of  the  said  kingdom  of  England."  And 
whatever  latitude  the  word  kingdom  has  in  common 
speech,  it,  in  a  legal  sense,  is  limited  to  England,  pro- 
perly so  called,  and  excludes  the  plantations. 


34« 


History  of  New-York. 


Nor  can  we  suppose,  tliat  Ihe  church  of  Ensrland  is 
estahlished  in  these  colonies,  by  any  acts  prior  to  the 
act  of  union  above  considered.  For,  besides  the  several 
opinions,  against  such  supposition,  already  adduced,  it 
is  unreasonable  to  imagine,  that  if  there  was  any  such 
estlablishnient,  king  Charles  II.  in  direct  repugnancy 
thereto,  should  have  made  the  grant  of  Pennsylvania, 
and  given  equal  privileges  to  all  religions  in  that  |  ro- 
vince,  wither ut  even  excepting  the  Roman  catholicks  ; 
and  that  tlie  coh^nies  of  Rhode  Island,  Connecticut  and 
the  Massachusetts'  Bay,  should  be  permitted  to  make 
their  provincial  establishments,  in  opposition  to  an  ante- 
ce^'ent  establishment  of  the  church  of  England,  espe- 
cially as  the  laws  of  the  Massachusetts'  Bay  province, 
are  const rntly  sent  home,  ai^d  the  king  has  the  absolute 
power  of  repealing  every  act  he  should  thii.k  improper 
to  be  continued  as  a  law.  Whoever,  therefore,  consi- 
ders this,  and  that  the  king  is  sworn  to  preserve  the 
church  of  England  establishment,  must  necessarily  con- 
clude, that  whatever  sentiments  may  obtain  among  ti  e 
episcopalians  in  xAmerica^  our  kings  and  their  couix  ils 
have  always  conceived  that  such  establishment  could 
by  no  means  be  extended  to  us.  As  to  Connecticut,  all 
the  episcopalians  of  that  C(5lony,  and  even  their  minis- 
ters, were  legally  compellable  to  contribute  to  an  an- 
nual tax  for  the  support  of  the  congregational  clergy, 
till  of  late  they  were  favcaired  with  a  law  which  grarits 
them  a  privilege  of  exemption  from  that  iniquity  us  and 
unreasonable  burden.  But  whether  tliey  are  subject  to 
the  like  unchristian  imposition  in  the  other  colonies 
above  mentioned,  I  am  not  sufficiently  acquainted  with 
their  laws  to  determine."^ 

I  believe  there  is  no  just  cause  for  the  complaints  traasjuitted  by 


History  of  Neiv-Yorh.  349 


The  thirteenth  number  of  the  Watch  Tower  publish- 
ed at  Nevv-Yoik,  in  1755,  espouses  the  same  side  with 
the  author  of  the  Reflector,  adds  several  new  ar^^uments 
and  the  opiiiions  of  eminent  counsel  at  law,  ahd  consi- 
ders the  force  of  what  is  advanced  by  the  late  Dr  Doug- 
lass, in  favour  of  his  position,  that  the  religious  state  of 
tl»e  American  plantations  is  an  universal  toleiation  of 
protestants  of  every  denomination. 

The  clergy  of  this  province  are,  in  general,  but  indif- 
ferently supported  :  it  is  true  they  live  easily,  but  few 
of  them  leave  any  thing  to  their  children.  The  es  is- 
copal  missionaries,  for  enlarging  the  sphere  of  their  se- 
cular business,  not  many  years  ago,  attempted,  by  a  pe- 
tition to  the  late  governour  Clinton,  to  engross  the  pri« 
vilege  of  solemnizing  all  marriages.  A  great  clamour 
ensued  and  the  attempt  was  abortive.  Before  that  ti:ae 
the  ceremony  was  even  performed  by  justices  of  tae 
peace,  and  the  judges  at  law  have  determined  such  mar- 
riages to  be  legal.  The  governour's  licenses  now  run 
to  "  all  protestant  mir.isters  of  the  gospel."  Whetlier 
the  justices  act  still,  when  the  bans  are  published  in 
our  churches,  w  liich  is  customary  only  witii  the  poor, 
1  have  not  been  informed.  Marriage  in  a  new  country 
ought  to  have  the  highest  encouragements,  and  it  is  on 
this  account,  perhaps,  that  we  have  no  provincial  law 
against  such  as  are  clandestine,  though  they  often  hap- 
pef],  and,  in  some  cases,  are  attended  with  consequences 
equally  melancholy  and  mischievous. 

the  missionaries.  Dr.  Douglass  assigns  several  instancrs  of  gross  mis- 
represeniations  and  fa!s(  hoods.  Vid.  his  Summary.  2d  vol.  p  139. 
Boston  edt.  1753,  and  the  Watch  ToAver,  JSo.  xli.  published  at  ^ew- 
^ovk,  in  1753, 


350 


History  of  JSeiv-York. 


As  to  the  number  of  our  clergymen,  it  is  lar^e  enough 
nt  present,  there  being  but  few  settlements  unsupplied 
with  a  ministry,  and  some  superabouncL  In  matters  of 
religion  we  are  not  so  intelligent,  in  general,  as  the  in- 
habitants of  the  New-England  colonies ;  but  both  in  this 
respect  and  good  morals,  we  certainly  have  the  advan- 
tage of  tiie  southern  provinces.  One  of  the  king's  in- 
stjuciions  to  our  governours,  recommends  the  investi- 
gation of  means  for  the  conversion  of  negroes  and  In- 
dians. An  attention  to  both,  especially  the  latter,  has 
been  too  little  regarded.  If  the  missionaries  of  the 
English  society  for  propagating  the  gospel,  instead  of 
being  seated  in  opulent  Christianized  towns,  had  been 
sent  out  to  preach  among  the  savages,  unspeakable  po- 
litical advantages  would  have  flowed  from  such  a  salu- 
tary measure.  Dr.  Douglass,  a  sensible,  immethodical 
W'riter,  often  incorrect,  expects  too  much  :^  besides,  he 
treats  the  missionaries  with  rudeness  and  contempt,  and 
lashes  their  indolence  with  unmerciful  acrimony. 

CHAPTER  V. 
The  Political  State. 

This  colony,  as  a  part  of  the  king's  dominions,  is 
subject  to  the  controul  of  the  British  parliament ;  but 
its  more  immediate  government  is  vested  in  a  gover- 
nour,  council  and  general  assembly. 

*  "  Our  young  missionaries  may  procure  a  perpetual  alliance  and 
commercial  advantages  with  the  Indians,  which  the  Roman  catholick 
clergy  cannot  do,  because  they  are  forbid  to  marry.  I  mean  our 
missionaries  may  intermarry  with  the  daughters  of  the  sachems  and 
other  considerable  Indians,  and  their  progeny  will  for  ever  be  a  cer- 
tain cement  between  us  and  the  Indians."  Dongl.  Sum.  <fec.  vol.  ii. 
p.  138,  Boston  edt.  1753. 


History  of  New-York. 


351 


The  governours  in  chief,  who  are  always  appointed 
by  the  king's  commission,  under  the  great  seal  of  Great 
Britain,  enjoy  a  vast  plenitude  of  power,  as  may  be  seen 
in  their  patents,  which  are  nearly  the  same.  The  fol* 
lowing  is  a  copy  of  that  to  the  late  sir  Danvers  Osborn* 

George  the  second  by  the  grace  of  God  of  Great 
Britain  France  and  Ireland  king  defender  of  the  faith 
and  so  forth.  To  our  trusty  and  well  beloved  sir  Dan- 
vers Osborn  baronet  greeting  Whereas  we  did  by  our 
letters  patent  under  our  great  seal  of  Great  Britain 
bearing  date  at  Westminster  the  third  day  of  July,  in 
the  fifteenth  year  of  our  reign  constitute  and  app  oint 
the  honourable  George  Clinton  esq,  captain  general  and 
governour  in  chief  in  and  over  our  province  of  New- 
York  and  the  territories  depending  thereon  in  Ame- 
rica for  and  during  our  will  and  pleasure  as  by  the  said 
recited  letters  patent  (relation  being  thereunto  had) 
may  more  fully  and  at  large  appear  now  know  you  that 
we  have  revoked  and  determined  and  by  these  presents 
do  revoke  and  determine  the  said  recited  letters  patent 
and  every  clause  article  and  thing  therein  contained 
and  further  know  you  that  we  reposing  especial  trust 
and  confidence  in  the  prudence  courage  and  loyalty  of 
you  the  said  sir  Danvers  Osborn  of  our  especial  grace 
certain  knowledge  and  meer  motion  have  thought  fit  to 
constitute  and  appoint  you  the  said  sir  Danvers  Osborn 
to  be  our  captain  general  and  governour  in  chief  in  and 
over  our  province  of  New- York  and  the  territories  de- 
pending thereon  in  America  and  we  do  hereby  require 
and  command  you  to  do  and  execute  all  things  in  due 
manner  that  shall  belong  unto  your  said  command  and 
the  trust  w^e  have  reposed  in  you  according  to  the  seve- 
ral powers  and  directions  granted  or  appointed  you  by 


352 


History  of  New-  YorJc. 


this  present  commission  and  the  instructions  herewith 
given  }  ou  or  by  such  further  powers  instructions  and 
autlioiities  as  shall  at  any  time  hereafter  be  gi  anted  or 
appointed  you  under  our  signet  and  sign  manual  or  by 
our  order  in  our  privy  council  and  according  to  sui  h 
Feasor  able  laws  and  statutes  as  now  are  in  force  or 
hereafter  shall  be  made  and  agreed  upon  by  you  with 
the  advice  and  consent  of  our  council  an  I  the  assembly 
of  our  said  province  under  your  government  in  such 
manner  and  farm  as  is  hereafter  expressed  and  our  will 
and  pleasure  is  tliat  you  the  said  sir  Danvers  Osborn  af- 
ter the  publication  of  these  our  letters  patent  do  in  the 
first  place  take  the  oaths  appointed  to  be  taken  by  an 
a(  t  passed  in  the  first  year  of  our  late  royal  fatlier\s 
reign  entitled  an  act  for  the  further  security  of  his  nia- 
jesty's  peison  and  government  and  the  succession  of  the 
crown  in  the  heirs  of  the  late  princess  Soptiia  bi  inii  pi  o- 
testants  and  for  extinguishing  the  hopes  of  the  pretend- 
ed prince  of  Wales  and  his  open  and  secret  abettors  as 
also  that  you  make  and  subscribe  the  declaration  men- 
tioned in  an  act  of  parliament  made  in  the  twenty-fifth 
year  of  the  reign  of  king  Charles  the  second  intituled 
an  act  for  preventing  dangers  which  may  happen  from 
popish  recusants  and  likewise  that  you  take  the  usual 
oath  for  the  due  execution  of  the  office  and  trust  of  our 
captain  general  and  governour  in  chief  in  and  over  our 
said  province  of  New- York  and  the  territories  depend- 
ing thereon  foi  the  due  and  impartial  administration  of 
justice  and  further  that  you  take  the  oath  required  to 
be  taken  by  governours  of  plantations  to  do  their  ut- 
most that  the  several  laws  relating  to  trade  and  the 
plarftations  be  observed  which  said  oaths  and  declaration 
our  council  in  our  said  province  or  any  three  of  the 


History  of  New-York.  353 

members  thereof  have  hereby  full  power  and  authority 
and  are  required  to  tender  and  administer  unto  you  and 
in  your  absence  to  our  lieutenant  governour  if  there  be 
any  upon  the  place  all  which  being  duly  performed  you 
shall  administer  unto  each  of  the  members  of  our  said 
council  as  also  to  our  lieutenant  governour  if  there  be 
any  upon  the  place  the  oaths  mentioned  in  the  said  act 
entituled  an  act  for  the  further  security  of  his  majesty's 
person  and  government  and  the  succession  of  the  crown 
in  the  heirs  of  the  late  princess  Sophia  being  protestants 
and  for  extinguishing  the  hopes  of  the  pretended  prince 
of  Wales  and  his  open  and  secret  abettors  as  also  to 
cause  them  to  make  and  subscribe  the  aforementioned 
declaration  and  to  administer  to  them  the  oath  for  the 
due  execution  of  their  places  and  trusts.  And  we  do 
hereby  give  and  grant  unto  you  full  power  and  autho- 
rity to  suspend  any  of  the  members  of  our  said  council 
from  sitting  voting  and  assisting  therein  if  you  shall  find 
just  cause  for  so  doing  and  if  there  shall  be  any  lieute- 
^  nant  governour  him  likewise  to  suspend  from  the  execu- 
tion of  his  command  and  to  appoint  another  in  his  stead 
until  our  pleasure  be  known  and  if  it  shall  at  any  time 
happen  that  by  the  death  departure  out  of  our  said  pro- 
vince or  suspension  of  any  of  our  said  councillors  or 
otherwise  there  shall  be  a  vacancy  in  our  said  council 
(any  three  whereof  we  do  hereby  appoint  to  be  a  quo- 
rum) our  will  and  pleasure  is  that  you  signify  the  same 
unto  us  by  the  first  opportunity  that  we  may  under  our 
signet  and  sign  manual  constitute  and  appoint  others  in 
their  stead  but  that  our  afiairs  may  not  sutler  at  that 
distance  for  want  of  a  due  number  of  councillors  if  ever 
it  should  happen  that  there  be  less  than  seven  of  them 
Residing  in  our  said  province  we  do  hereby  give  and 

45 


3o4  History  of  New-York » 

grant  unto  you  the  said  sir  Darn  ers  Osborn  full  power 
and  authority  to  chuse  as  many  persons  out  of  the  prin- 
cipal freeholders  inhabitants  thereof  as  will  make  up  the 
full  number  of  our  said  council  to  be  seven  and  no  more 
which  persons  so  chosen  and  appointed  by  you  shall  be 
to  all  inteijts  and  purposes  councillors  in  our  said  pro- 
vince until  either  they  shall  be  confirmed  by  us  or  that 
by  the  nomination  of  others  by  us  under  our  sign  ma- 
nual and  signet  our  said  council  shall  have  seven  or  more 
persons  in  it.  And  we  do  hereby  give  and  grant  unto 
you  full  power  and  authority  with  the  advice  and  con- 
Sent  of  our  said  council  from  time  to  time  as  need 
shall  require  to  summon  and  call  general  assemblies  of 
the  said  freeholders  and  planters  within  your  govern- 
ment according  to  the  usage  of  our  province  of  New- 
York.  And  our  will  and  pleasure  is  that  the  persons 
thereupon  duly  elected  by  the  major  part  of  the  tree- 
holders  of  the  respective  counties  and  places  and  so  re- 
turned shall  before  their  sitting  take  the  oaths  mention- 
ed in  the  said  act  entitled  (an  act  for  the  further  securi  - 
ty of  his  majesty's  person  and  government  and  the  suc- 
cession to  the  crown  in  the  heirs  of  tlie  late  princess 
Sophia  being  protestants  and  for  extinguishing  the  hopes 
of  the  pretended  prince  of  Wales  and  his  open  and  se- 
cret abettors)  as  also  make  and  subscribe  the  aforemen- 
tioned declaration  (which  oaths  and  declarations  you 
shall  commissionate  fit  persons  under  our  seal  of  New- 
York  to  tender  and  administer  unto  them)  and  until 
the  same  shall  be  so  taken  and  subscribed  no  person 
shall  be  capable  of  sitting  though  elected  and  we  do 
bei  eby  declare  that  the  persons  so  elected  and  qualified 
shall  be  called  and  deemed  the  general  assembly  of  that 
our  province  and  the  territories  depending  thereon  and 


History  of  New-York. 


355 


you  the  said  sir  Danvers  Osborn  by  and  with  the  con- 
sent of  our  said  council  and  assembly  or  the  major  part 
of  them  respectiTOly  shall  have  full  power  and  au- 
thority to  make  constitute  and  ordain  laws  statutes 
and  ordinances  for  the  pubiick  peace   welfare  and 
good  government  of  our  said  province  and  of  the 
people  and  inhabitants  thereof  and   such  others  as 
shall  resort  thereto  and  for  the  benefit  of  us  our 
heirs  and  successors  wdiich  said  laws  statutes  and  ordi- 
nances are  not  to  he  repugnant  but  as  near  as  may  be 
agreeable  to  the  laws  and  statutes  of  this  our  kingdom 
of  Great  Britain  provided  that  all  such  laws  statutes 
and  ordinances  of  what  nature  or  duration  soever  be 
within  three  months  or  sooner  after  the  making  thereof 
transmitted  unto  us  under  our  seal  of  New- York  for  our 
approbation  or  disallowance  of  the  same  as  also  dupli- 
cates  thereof  by  the  next  conveyance  and  in  case  any 
or  all  of  the  said  laws  statutes  and  ordinances  being  not 
before  confirmed  by  us  shall  at  any  time  be  disallowed 
and  not  approved  and  so  signified  by  us  our  heirs  or 
successors  under  our  or  their  sign  manual  and  signet  or 
by  order  of  our  or  their  privy  council  unto  you  the  said 
sir  JJanvers  Osborn  or  to  the  commander  in  chief  of  our 
said  province  for  the  time  being  then  such  and  so  many 
of  the  said  laws  statutes  and  ordinances  as  shall  be  so 
•disallowed  and  not  approved  shall  from  thenceforth 
cease  determine  and  become  utterly  void  and  of  none 
effect  any  thing  to  Ihe  contrary  thereof  notwithstand- 
ing And  to  the  end  that  nothing  may  be  passed  or 
done  by  our  said  council  or  assembly  to  the  prejudice 
of  us  our  heirs  or  successors  we  will  and  ordain  tiiat 
you  the  said  sir  Danvers  Osborn  shall  have  and  enj  )y 
a  negative  voice  in  the  making  and  passing  of  all  laws 


356 


History  of  New-York. 


statutes  and  ordinances  as  aforesaid  and  you  shall  and 
may  likewise  from  time  to  time  as  you  shall  judge  it 
necessary  adjourn  prorogue  and  dissolve  all  general 
assemblies  as  aforesaid.  And  our  further  will  and  plea- 
sure is  that  you  shall  and  may  use  and  keep  Ihe  pub- 
lick  seal  of  our  said  province  of  New- York  for  sealing 
all  things  whatsoever  that  pass  the  great  seal  of  our  said 
province  under  your  government  And  we  do  further 
give  and  grant  unto  you  the  said  sir  Danvers  Osborn 
full  power  and  authority  from  time  to  time  and  at  any 
time  hereafter  by  yourself  or  by  any  other  to  be  au- 
thorized by  you  in  that  behalf  to  administer  and  give 
the  aforementioned  oaths  to  all  and  every  such  person 
and  persons  as  you  shall  think  fit  who  shall  at  any  tiuie 
or  times  pass  into  our  said  province  or  shall  be  resident 
or  abiding  there.  And  we  do  further  by  these  present? 
give  and  grant  unto  you  the  said  sir  Danvers  Osborn 
full  power  and  authority  with  the  advice  and  consent 
of  our  said  council  to  erect  constitute  and  establish 
such  and  so  many  courts  of  judicature  and  publick  jus- 
tice within  our  said  province  under  your  government 
as  you  and  they  shall  think  fit  and  necessary  for  the 
hearing  and  deter  ining  of  all  causes  as  w^ell  criminal 
as  civil  ac  cording  to  law  and  equity  and  for  awarding 
execution  thereupon  with  all  reasonable  and  necessary 
powers  authorities  fees  and  privileges  belonging  there- 
unto as  also  to  appoint  and  commissionate  fit  persons 
in  the  several  parts  of  your  government  to  administer 
the  oaths  mentioned  in  the  aforesaid  act  entitled  an  act 
for  the  further  security  of  his  majesty's  person  and  go- 
vernment and  the  succession  of  the  crown  in  the  heirs 
of  the  late  princess  Sophia  being  protestants  and  for 
extinguishing  tlie  hopes  of  the  pretended  prince  of 


History  of  New-York. 


357 


Wales  and  bis  open  and  secret  abettors  as  also  to  ten- 
der and  administer  the  aforesaid  declaration  unto  such 
persons  belonging  to  the  said  courts  as  shall  be  obliged 
to  take  the  same  And  we  do  hereby  authorize  and  em- 
power you  to  constitute  and  appoint  judges  and  in  cases 
requisite  cofumissioners  of  oyer  and  terminer  justices 
of  the  peace  and  other  necessary  officers  and  ministers 
in  our  said  province  for  the  better  administration  of 
justice  and  putting  the  laws  in  execution,  and  to  ad- 
minister or  cause  to  be  administered  unto  them  such 
oath  or  oaths  as  are  usually  given  for  the  due  execu- 
tion and  performance  of  offices  and  places  and  for  the 
clearing  of  truth  in  judicial  causes  And  we  do  hereby 
give  and  grant  unto  you  full  power  and  authority 
where  you  shall  see  cause  or  shall  judge  any  offender 
or  offenders  in  criminal  matters  or  for  any  fines  or  for- 
feitures due  unto  us  fit  objects  of  our  mercy  to  pardon 
all  such  offenders  and  to  remit  all  such  offences  fines  and 
forfeitures  (treason  and  wilful  murder  only  excepted) 
in  which  cases  you  shall  likewise  have  power  upon  ex- 
traordinary occasions  to  grant  reprieves  to  the  offend* 
ers  until  and  to  the  intent  our  royal  pleasure  may  be 
known  therein.  And  we  do  by  these  presents  authorize 
and  empower  you  to  collate  any  person  or  persons  to 
any  churches  chapels  or  other  ecclesiastical  benefices 
within  our  said  province  and  territories  aforesaid  as 
often  as  any  of  them  shall  happen  to  be  void.  And  we 
do  hereby  give  and  grant  unto  you  the  said  sir  Danvers 
Osborn  by  yourself  or  by  your  captains  and  coinmand- 
ers  by  you  to  be  authorized  full  power  and  authority  to 
levy  arm  muster  command  and  employ  all  persons 
whatsoever  residing  within  our  said  province  of  New- 
York  and  other  the  territories  under  your  government 


358 


History  of  New- York. 


and  as  occasion  shall  serve  to  march  from  one  place  to 
another  or  to  embark  them  for  the  resisting  and  with- 
standing of  all  enemies  pirates  and  rebels  both  at  sea 
and  land  and  to  transport  such  forces  to  any  of  our 
plantations  in  America  if  necessity  shall  require  for  the 
defence  of  the  same  against  the  invasions  or  attempts 
of  any  of  our  enemies  and  such  enemies  pirates  and  re- 
bels if  there  shall  be  occasion  to  pursue  and  prosecute 
in  or  out  of  the  limits  of  om^  said  province  and  planta- 
tions or  any  of  them  and  if  it  shall  so  please  God,  them 
to  vanquish,  apprehend  and  take  and  being  taken  either 
according  to  law  to  put  to  death  or  keep  and  preserve 
alive  at  your  discretion  and  to  execute  martial  law  in 
time  of  invasion  or  other  times  when  by  law  it  may  be 
executed  and  to  do  and  execute  all  and  every  other 
thing  and  things  which  to  our  captain  general  and  go- 
vernour  in  chief  doth  or  ought  of  right  to  belong  and 
we  do  hereby  give  and  grant  unto  you  full  power  and 
authority  by  and  with  the  advice  and  consent  of  our 
3aid  council  to  erect  raise  and  build  in  our  said  province 
of  New^-York  and  the  territories  depending  thereon  such 
and  so  many  forts  and  platforms,  castles,  cities,  bo- 
roughs, towns  and  fortifications  as  you  by  the  advice 
aforesaid  shall  judge  necessary  and  the  same  or  any  of 
them  to  fortify  and  furnish  with  ordnance,  ammunition 
and  ail  sorts  of  arms  fit  and  necessary  for  the  security 
and  defence  of  our  said  province  and  by  the  advice 
aforesaid  the  same  again  or  any  of  them  to  demolish  or 
dismantle  as  may  be  most  convenient  and  forasmuch  as 
divers  mutinies  and  disorders  may  happen  by  persons 
shipped  and  employed  at  sea  during  the  time  of  war  and 
to  the  end  that  such  as  shall  be  shipped  and  employed  at 
sea  during  the  time  of  war  may  be  better  governed  and 


History  of  New-York. 


35d 


ordered  we  do  hereby  give  and  grant  unto  you  the  said  sir 
Danvers  Osborn  full  power  and  authority  to  constitute 
and  appoint  captains  lieutenants  masters  of  ships  and 
other  commanders  and  officers  and  to  grant  to  such 
captains  lieutenants  masters  of  ships  and  other  com- 
manders and  officers  commissions  to  execute  the  law 
martial  during  the  time  of  war  according  to  the  direc- 
tions of  the  two  acts  the  one  passed  in  the  thirteenth 
year  of  the  reign  of  king  Charles  the  second  entituled 
an  act  for  the  establishing  articles  and  orders  for  the 
regulating  and  better  government  of  his  majesty's  na- 
vies ships  of  war  and  forces  by  sea  and  the  other  passed 
in  the  eighteenth  year  of  our  reign  entituled  an  act  for 
the  further  regulating  and  better  government  of  his 
majesty's  navies  ships  of  war  and  forces  by  sea  and 
for  regulating  proceedings  upon  courts  martial  in  the 
sea  service  and  to  use  such  proceedings  authorities 
,  punishments  corrections  and  executions  upon  any 
offender  or  offenders  who  shall  be  mutinous  seditious 
disorderly  or  any  way  unruly  either  at  sea  or  during 
the  time  of  their  abode  or  residence  in  any  of  the  ports 
harbours  or  bays  of  our  said  province  and  territories 
as  the  case  shall  be  found  to  require  according  to  the 
martial  law  and  the  said  direction  during  the  time  of 
war  as  aforesaid  provided  that  nothing  herein  contained 
shall  be  construed  to  the  enabling  you  or  any  by  your 
authority  to  hold  plea  or  have  any  jurisdiction  of  any 
offences  cause  matter  or  thing  committed  or  done  upon 
the  high  sea  or  within  any  of  the  havens  rivers  or  creeks 
of  our  said  province  and  territories  under  your  govern- 
ment by  any  captain  commander  lieutenant  master  offi- 
cer seaman  soldier  or  other  person  whatsoever  who  shall 
be  in  our  actual  service  and  pay  in  or  on  board  any  of 


History  of  Nerv-York. 


our  ships  of  war  or  other  vessels  acting  by  immediate 
commission  or  warrant  from  our  comiiiissioners  for  ex- 
ecuting the  office  of  our  high  admiral  or  from  our  high 
admiral  of  Great  Britain  for  the  time  being  under  the 
seal  of  our  admiralty  but  that  such  captain  commander 
lieutenant  master  officer  st^aman  soldier  or  other  per- 
son so  offending  shall  be  left  to  be  proceeded  against 
and  tried  as  thi  ir  oflienc  es  shall  require  either  by  com- 
mission under  our  great  seal  of  Great  Britain  as  the 
statute  of  the  twenty-eighth  of  Henry  the  eighth  directs 
or  by  commission  from  our  said  commissioners  for  ex- 
ecuting the  office  of  (mr  high  admiral  or  from  our  high 
admiral  of  Great  Britain  for  the  time  being  according 
to  the  aforementioned  acts.  Provided  nevertheless  that 
all  disorders  and  misdemeanors  committed  on  shore  by 
any  captain  commander  lieutenant  master  officer  sea- 
man soldier  or  other  person  whatsoever  belonging  to 
any  of  our  ships  of  war  or  other  vessels  acting  by  im- 
mediate commission  or  warrant  from  our  said  commis- 
sioners for  executing  the  office  of  our  high  admiral  or 
from  our  high  admiral  of  Great  Britain  for  the  time  be- 
ing under  the  seal  of  our  admiralty  may  be  tried  and 
punished  according  to  the  laws  of  the  place  where  any 
such  disorders  offences  and  misdemeanors  shall  be  comit- 
ted  on  shore  notwithstanding  such  offenders  be  in  our 
actual  service  and  born  in  our  pay  on  board  any  such 
our  ships  of  war  or  otijer  vessels  acting  by  iiimiediate 
commission  or  warrant  from  our  said  commissioners  for 
executing  the  office  of  our  high  admiral  or  from  our 
high  admiral  of  Great  Britain  for  the  time  being  as 
aforesaid  so  as  he  shall  not  receive  any  protection  for 
the  avoiding  of  justice  for  such  offences  committed  on 
shore  from  any  pretence  of  his  being  employed  in  our 


History  of  New- York.  3G1 

service  at  sea.  And  our  further  will  and  pleasure  is 
that  all  publick  monies  raised  or  which  shall  be 
raised  by  any  act  to  be  hereafter  made  within  our 
said  province  and  other  the  territories  depending 
thereon  be  issued  out  by  warrant  from  you  by  and 
with  the  advice  and  consent  of  our  council  and  dis- 
posed of  by  you  for  the  support  of  the  government  and 
not  otherwise  and  we  do  hereby  likewise  give  and  grant 
unto  you  full  power  and  authority  by  and  with  the  ad- 
vice and  consent  of  our  said  council  to  settle  and  agree 
with  the  inhabitants  of  our  province  and  territories 
aforesaid  for  such  lands  tenements  and  hereditaments  as 
now  are  or  hereafter  shall  be  in  our  power  to  dispose  of 
and  them  to  grant  to  any  person  or  persons  upon  such 
terms  and  under  such  moderate  quitrents  services  and 
acknowledgments  to  be  thereupon  reserved  unto  us  as 
you  by  and  with  the  advice  aforesaid  shall  think  fit 
which  said  grants  are  to  pass  and  be  sealed  by  our  seal 
of  New- York  and  being  entered  upon  record  by  such 
officer  or  officers  as  are  or  shall  be  appointed  thereunto 
shall  be  good  and  effectual  in  the  law  against  us  our 
heirs  and  successors  and  we  do  hereby  give  you  the 
said  jir  Danvers  Osborn  full  power  to  order  and  ap- 
p(^fit  fairs  marts  and  markets  as  also  such  and  so  many 
pli  ts  harbours  bays  havens  and  other  places  for  the  con- 
venience and  security  of  shipping  and  for  the  better 
lading  and  unloading  of  goods  and  merchandizes  as  by 
yo^  vyith  the  advice  and  consent  of  our  said  council 
shall1i%thought  fit  and  necessary  and  we  do  hereby  re- 
quire an9 'command  all  officers  and  ministers  civil  mil- 
itary and  air tattler  inhabitants  of  our  said  province  and 
territories  depencfing  thereon  to  be  obedient  aiding  and 
assisting  imto  you  the  said  sir  Danvers  Osborn  in  th(5 

m 


362 


History  of  Neiv-  Yorh 


execution  of  this  our  commission  and  the  powers  and 
authorities  herein  contained  and  in  case  of  your  death 
or  absence  out  of  our  said  province  and  territories  de- 
pending thereon  to  be  obedient  aiding  and  assisting  un- 
to such  person  as  shall  be  appointed  by  us  to  be  our 
lieutenant  governour  or  commander  in  chief  of  our  said 
province  to  whom  we  do  therefore  by  these  presents 
give  and  grant  all  and  singular  the  powers  and  authori- 
ties herein  granted  to  be  by  him  executed  and  enjoyed 
during  our  pleasure  or  until  your  arrival  within  our 
said  province  and  territories  and  if  upon  your  death  or 
absence  out  of  our  said  province  and  territories  depend- 
ing thereon  there  be  no  person  upon  the  place  commis- 
sionated  or  appointed  by  us  to  be  our  lieutenant  gover- 
nour or  commander  in  chief  of  our  said  province  our 
will  and  pleasure  is  that  the  eldest  counsellor  \vhose 
name  is  first  placed  in  our  said  instructions  to  you  and 
who  shall  at  the  time  of  your  death  or  absence  be  resid- 
ing within  our  said  province  of  New-York  shall  take 
upon  him  the  administration  of  the  government  and  ex- 
ecute our  said  commission  and  instructions  and  the  se- 
veral powers  and  authorities  therein  contained  in  the 
same  manner  and  to  all  intents  and  purposes  as  other 
our  governour  and  commander  in  chief  of  our  said  pro- 
vince should  or  ought  to  do  in  case  of  your  absence  un- 
til your  return  or  in  all  cases  until  our  further  pleasure 
be  known  therein  and  we  do  hereby  declare  ordain  and 
appoint  that  you  the  said  sir  Danvers  Osborn  shall  and 
may  hold  execute  and  enjoy  the  office  and  place  of  our 
captain  general  and  governour  in  chief  in  and  over  our 
province  of  INew-York  and  the  territories  depending 
thereon  together  with  all  and  singular  the  powers  and 
authorities  hereby  granted  unto  you  for  and  during  our 


History  of  New-YorL 


S63 


will  and  pleasure.  And  whereas  there  are  divers  colo- 
nies adjoining  to  our  province  of  New- York  for  the  de- 
fence and  security  vvliereof  it  is  requisite  that  due  care 
be  taken  in  time  of  war  we  have  therefore  thought  it 
iii^cessary  for  our  service  and  for  the  better  protection 
and  security  of  our  subjects  inhabiting  those  parts  to 
c<fnstituie  and  appoint  and  we  do  by  these  presents 
constitute  and  appoint  you  the  said  sir  Danvers  Osborn 
to  be  our  captain  general  and  commander  in  chief  of 
the  militia  and  of  all  the  forces  by  sea  and  land  within 
our  colony  of  Connecticut  and  of  all  our  forts  and 
places  of  strength  within  the  same  and  for  the  better  or- 
dering governing  and  ruling  our  said  militia  and  all  our 
forces  forts  and  places  of  str  ngth  within  our  said  colo- 
ny of  Connecticut  we  do  hereby  give  and  grant  unto 
you  the  said  sir  Danvers  Osborn  and  in  your  absence 
to  our  commander  in  chief  of  our  province  of  JNevv^- 
York  all  and  every  the  like  powers  as  in  these  presents 
are  before  granted  and  recited  for  the  ruling  governing 
and  ordering  our  militia  and  all  our  forces  forts  and 
places  of  strength  within  our  province  of  New-York  to 
be  exercised  by  you  the  said  sir  Danvers  Osborn  and  in 
vour  absence  from  our  territories  and  dominion  of 
New-York  by  our  commander  in  chief  of  our  province 
of  New- York  within  our  said  colony  of  Connecticut 
for  and  during  our  pleasure  In  witness  whereof  we  have 
caused  these  our  letters  to  be  made  patent  witness  our- 
self  at  Westminster  the  first  day  of  August  in  the  twen- 
ty-seventh year  of  our  reign. 

By  writ  of  privy  seal, 

YoRKE  and  Yorke, 


Hislory  of  New-York. 


The  instructions  received  with  the  commission,  are 
explanatory  of  the  patent,  and  regulate  the  governour's 
conduct  on  almost  every  common  contingency/^ 

The  salary,  generally  granted  to  the  governour  by 
the  instructions,  is  1,200/.  sterling  out  of  the  revenue 
here  ;  but  that  being  an  insufficient  fund,  the  assembly, 
in  lieu  of  it,  give  him  annually  1,560/.  currency.  The 
perquisites  perhaps  amount  to  as  much  more. 

This  office  was  formerly  very  lucrative,  but  becomes 
daily  less  considerable,  because  almost  all  the  valuable 
tracts  of  land  are  already  taken  up. 

The  council,  when  full,  consists  of  twelve  members, 
appointed  by  the  king's  mandamus  and  sign  manual. 
All  their  privileges  and  powers  are  contained  in  the 
instructions.  They  are  a  privy  council  to  the  gover- 
nour in  acts  of  civil  government ;  and  take  the  same 
oath  administered  to  the  king's  council  in  England, 
The  tenure  of  their  places  is  extremely  precarious,  and 
yet  their  influence  upon  the  publick  measures  very  con- 
Biderable.  In  the  grant  of  all  patents  the  governour  is 
bound  to  consult  them,  and  regularly  they  cannot  pass 
the  seal  without  their  advice. 

They  enjoy  a  legislative  power,  as  the  lords  do  in 
parliament ;  and  exercise  also  judicial  authority  upon 
writs  of  error  and  appeals.  They  are  convened  by  the 
governour  ;  and  he  is  always  present  when  they  sit  as 
a  court  or  privy  council,  which  is  ordinarily  at  the  fort. 
In  their  legislative  capacity,  they  meet  without  the  go- 
vernour, and  always  at  the  city  hall.  They  sit  accord- 
ing to  their  seniority,  and  the  eldest  member  present  is 

*  The  instructions  are,  in  number,  above  a  hundred,  aod  never  re- 
corded. They  are  changeable  at  the  king's  pleasure,  but  rarely  un* 
der,^o  aoy  very  considerable  alteration. 


History  of  New- York. 


3G5 


speaker  of  their  house.  In  a  committee  the  chairman 
has  no  voice.  They  cannot  vote  by  proxy,  but  have 
the  privilege  of  entering  their  dissent,  and  the  reasons 
at  large,  on  their  minutes.  Their  proceedings  are  very 
formal,  and  in  many  respects  they  imitate  the  example 
of  the  lords.  Their  messages  to  the  assembly  are  car- 
ried by  one  of  their  own  members,  and  the  house  always 
rises  at  his  entrance  and  receives  them  vStandiog.  The 
council  never  publish  their  legislative  minutes  ;  but 
the  assembly  always  print  their  own  votes  ;  nor  do 
either  of  these  houses  permit  strangers  to  be  present  at 
their  conventions. 

A  counsellor's  title  is  ^  the  honourable/  They  serve 
his  majesty  without  salaries.  The  business  of  the  pri- 
vy council  board  is  of  late  very  much  increased,  and 
never  had  so  great  weight  in  the  colony  as  at  present ; 
which  is  much  owing  to  the  king's  calling  lawyers  of 
reputation  to  the  assistance  of  his  governours.  The 
present  members  are  the  honourable 

Cadwallader  Colden,       Joseph  Murray, 
Archibald  Kennedy,       John  Rutherford, 
James  De  Lancey,^  lieu-  Edward  Holland, 

tenant  governour.        Sir  Wm.  Johnson,  bart. 
Daniel  Horsmanden,       John  Chambers, 
George  Clarke,  jun.        William  Smith. 
The  business  in  council  daily  increases,  and  is  now 
become  very  burdensome,  being  entirely  transacted  by 
a  few  members.    Mr.  Colden  resides  in  the  country  ; 
Mr.  Clarke  in  England ;  Mr.  Rutherford,  being  an  of- 

*  The  olTice  of  lieutenant  governour  requires  no  service,  except  on 
the  death  or  in  the  absence  of  the  governour  in  chief.  It  gives  no 
rank  in  council,  nor  is  there  any  salary  annexed  to  \U 


366 


History  of  New-York. 


ficer,  moves  with  the  army,  and  sir  William  JohnsoFi 
has  his  residence  in  the  western  part  of  the  county  of 
Albany. 

The  general  assembly  consists  of  twenty-seven  re- 
presentatives, chosen  by  the  people,  in  pursuance  of  a 
writ  of  summons  issued  by  the  governour. 

At  the  day  appointed  for  their  appeal  ance,  such  a^ 
are  elected,  convene  themselves  at  the  assembly  cham- 
ber, in  the  city  of  New-York ;  and,  by  the  clerk  of 
the  house,  inform  the  governour  of  their  meeting* 
If  they  are  above  thirteen  in  number,  some  persons, 
(generally  the  judges  of  the  supreme  court)  are 
sent  to  the  assembly  chamber,  empowered  by  a  com- 
mission to  take  their  oaths  and  subscriptions.  They 
are  then  called  before  his  excellency,  who  recommends 
their  choice  of  a  speaker.  For  that  purpose  they  again 
retire,  and  conduct  the  person  they  elect  into  the  chair, 
which  is  seated  at  the  upper  end  of  a  long  table.  After 
that  he  is  presented  to  bis  excellency  in  the  council 
chamber;  and  upon  his  approbation  of  their  choice, 
which  is  of  course,  the  speaker  addresses  himself  to  the 
governour,  and,  in  behalf  of  the  house,  prays,  "  that 
their  words  and  actions  may  have  a  favourable  con- 
struction, that  the  members  may  have  free  access  to 
him,  and  they  and  their  servants  be  privileged  with  a 
freedom  from  arrests."  The  governour,  after  promis- 
ing these  things  on  his  part,  reads  his  speech  to  both 
houses ;  and,  at  the  request  of  the  speaker,  delivers  a 
copy  for  the  use  of  the  assembly. 

I  need  not  enlarge  upon  the  customs  of  the  general 
assembly,  for  they  take  the  practice  of  the  British  house 
of  commons  for  their  model,  and  vary  from  them  in  but 
very  few  instances.    Money  bills  are  not  returned  to 


History  oj  New- York. 


367 


them  by  the  council  board,  as  the  lords  do  to  the  com- 
mons ;  and  yet  Ihe  reasons  for  this  practice  are  much 
stronger  here  than  at  home.  AVhen  the  governour  pass- 
es the  bills  sent  up  to  him,  both  houses  are  present  ia 
the  council  c  hamber.  It  is  then  customary  for  him  to 
ask  the  advice  of  his  council  with  respect  to  every  bill 
and  he  signs  them  at  the  foot  after  these  words,  "  I  as- 
sent to  this  bill,  enacting  the  same,  and  order  it  to  be  en- 
rolled." After  that  the  acts  are  published  in  the  open 
street,  near  the  city  hall ;  his  excellency  and  the  two 
houses  being  present. 

The  daily  wages  of  the  representatives,  as  regulated 
by  sundry  acts  of  assembly,  are  annexed  to  the  follow- 
ing list  of  the  present  members  of  the  house. 

For  the  city  and  county  of  New- York. 
Paul  Hichard,  Henry  Cruger,  William  Walton,  Johnr 
Watts,  esqrs.  each  6s.  per  diem. 

City  and  County  of  Alba  n v. 
Peter  Winne,  Peter  Douw,  esqrs.  \0s.  per  diem. 

Westchester  County. 
John  Thomas,  Frederick  Philispe,  esqrs.  6^.  per  diem. 

Suffolk  County. 
Eleazer  Miller,  William  Nicoll,  esqrs.  95.  per  dieui, 

Queen's  County. 
David  Jones,  Thomas  Cornel,  esqrs.  6s.  per  diem. 

King's  County. 
Johannes  Lott,  Dominicus  V  anderveer,  esqrs.  6s.  per 
diem. 

Ulster  County. 
Johannes  Jansen,  Moses  De  Pew,  jun.  esqr?.  6^.  per 
diem. 

Richmond  County. 
William  Walton,  Benj.  Seaman^  esqrs.  6s.  per  dierri^ 


3cy 


Hislory  of  JSew-York. 


Dutchess  County. 
Henry  Beekman,  Henry  Filkin,  esqrs*  65.  per  diem* 

Orange  Coimly. 
Tlieocloriis  Snediker,  Samuel  Gale,  esqrs.  %s.  per  diem. 

Borough  of  Westchester. 
Peter  De  Lancey,  esq.  IO5.  per  diem. 

Township  of  Schenectady. 
Jacobus  Mynderse,  esq.  AOs.  per  diem. 

Manor  of  Renslaerwyce. 
John  B.  V.  Renslaer,  esq.  lOs.  per  diem^ 

Manor  of  Liyingston- 
Robert  Livingston,  jun.  esq.  \0s.  per  diem. 

Manor  of  Courtlandt. 
Philip  Yer  Plank,  esq.  65.  per  diem. 
The  continuance  of  our  assemblies  was  unlimited,  till 
the  political  struggles,  which  took  rise  in  Mr.  Cosby's 
administration,  forced  Mr.  Clarke,  who  succeeded  him, 
to  pass  the  act  restricting  them  to  three  years ;  but  this 
was  repealed  by  the  king,  and  a  septennial  law  enacted 
soon  after  the  arrival  of  governour  Clinton,  which  is  still 
in  fall  force. 

No  colony,  upon  the  continent,  has  formerly  suffered 
more  than  ours,  in  the  opinion  of  the  king's  ministers. 
This  has  been  owing  to  the  ill  impressions  made  by  our 
governoure,  who  are  scarce  ever  disengaged  from  dis- 
putes with  tlie  lower  house.  Our  representatives, 
agreeable  to  the  general  sense  of  their  constituents,  are 
tenacious  in  their  opinion  that  the  inhabitants  of  this 
colony  are  entitled  to  all  the  privileges  of  Englishmen ; 
that  they  have  a  right  to  participate  in  the  legislative 
power,  and  that  the  session  of  assemblies  here,  is  wisely 
substituted  instead  of  a  representation  in  parliament, 
which,  all  things  considered,  would,  at  this  remote  dis- 


History  of  New-York. 


369 


lance,  be  extremely  inconvenient  and  dangerous.  The 
governours,  ort  the  other  hand,  in  general,  entertain  po- 
litical sentiments  of  a  quite  different  nature.  All  the 
immunities  we  enjoy,  according  to  tliem,  not  only  flow 
from,  but  absolutely  depend  upon,  the  mere  grace  and 
will  of  the  crown*^  It  is  eas}^  to  conceive  that  conten- 
tions must  naturally  attend  such  a  contradiction  of  sen- 
timents. Most  of  our  disputes,  however,  relate  to  the 
support  of  government.  Before  lord  Cornbury's  em- 
bezzlements, the  revenue  was  established  for  a  long  pe- 
riod, but  afterwards  reduced  to  a  few  years.  The  vio- 
lent measures,  in  Mr.  Cosby's  time,  led  the  assembly  to 
the  scheme  of  an  annual  provision.  These  are  the 
words  of  that  much  famed  address  of  the  house,  to  lieu- 
tenant governour  Clarke,  on  the  8th  of  September,  1737^ 
previous  to  the  change. 

"  The  true  causes  of  the  deficiency  of  the  revenue, 
we  believe,  are  too  well  known  to  your  honour,  to  make 
it  necessary  for  us  to  say  much  on  that  head.    Had  the 

^  "  We  are  no  more  than  a  little  corporation.  I  would  advise  these 
gentlemen  [assemblies]  for  the  future,  to  drop  those  parliamentary  airs 
and  style  about  liberty  and  property,  and  keep  within  their  sphere, 
and  make  the  best  use  they  can  of  his  majesty^s  instructions  and  com- 
mission ;  because  it  would  be  high  treason  to  sit  and  act  without  it.  This 
is  our  charter.  If  we  abuse  or  make  a  wicked  use  of  his  majesty's  fa- 
vours, we  are,  of  them,  but  tenants  at  will  ;  tve  only  hold  them  during 
pleasure  and  good  behaviour."  These  are  the  accurate  and  bright 
thoughts  of  the  gentleman  who  published  a  pamphlet,  entitled  "  an  es* 
say  on  the  governrtient  of  the  colonies,"  in  1752.  Sir  William  Jones, 
attorney  general  to  James  II.  was  of  a  very  different  opinion.  For  he 
told  the  king,  "  that  he  could  no  more  grant  a  commission  to  levy  rao" 
uey  on  his  subjects  in  the  plantations,  without  their  consent  by  an 
assembly,  than  they  could  discharge  themselves  from  their  allegiance.^' 
Tiife  of  sir  William  Pbips,  p.  23. 

47 


370 


History  of  Nerv-YorL 


conspicuous  loyalty  of  the  inhabitants  of  this  province 
met  \\  ith  a  suitable  treatment  in  return  :  it  is  not  unlike- 
ly, but  we  should  now  be  weak  enough  to  act  like  oth- 
ers before  us,  in  being  lavish  beyond  our  abilities,  and 
**aising  sums  unnecessary  to  be  given  ;  and  continued 
the  donation,  like  them,  for  a  longer  time  than  what 
was  convenient  for  the  safety  of  the  inhabitants  :  but  ex- 
peiience  has  shown  the  imprudence  of  such  a  conduct, 
and  the  miserable  condition  to  which  the  provinc  e  is 
reduced,  renders  the  raising  of  large  sums  very  difficult, 
if  not  impracticable.  We  therefore  beg  leave  to  be 
plain  with  your  honour,  and  hope  you  will  not  take  it 
amiss,  when  we  tell  you,  that  you  are  not  to  expect 
that  we  either  will  raise  sums  unfit  to  be  raised  ;  or  put 
w  hat  we  shall  raise  into  the  pow  er  of  a  governour  to  mis- 
apply, if  we  can  prevent  it ;  nor  shall  w  e  make  up  any 
other  deficiencies,  than  what  we  conceive  are  fit  and 
just  to  be  paid  ;  or  continue  what  support  or  revenue 
we  shall  raise  for  any  longer  time  than  one  year.  Nor 
do  we  think  it  convenient  to  do  even  that,  until  such 
laws  are  passed,  as  w  e  conceive  necessary  for  the  safety 
of  the  inhabitants  of  this  colony,  who  have  reposed  a 
trust  in  us  for  that  only  purpose  ;  and  v^hich  we  are 
sure  you  will  think  it  reasonable  we  should  act  agree- 
able to,  and  by  the  grace  of  God  w  e  will  endeavour  not  , 
to  deceive  them." 

The  sentiments  of  this  address  still  prevail  among  the 
people,  and  therefore  the  su(  cess  of  the  present  solici- 
tations, for  a  permanent,  indefinite,  support,  will  pro- 
bably be  in  vain. 

The  matter  has  been  often  litigated  with  great  fer- 
vency on  both  sides,  and  the  example  of  the  Brititeh  par- 
liament urged  ag  a  precedent  for  our  imitation.  To 


History  of  New-York. 


371 


this  it  is  answered,  that  the  particular  state  of  this  pro- 
vince differs  so  widely  from  that  of  their  mother  coun- 
try, that  we  ought  not  in  this  respect  to  follow  the 
custom  of  the  commons.  Our  constitution,  as  some  ob- 
serve, is  so  imperfect,  in  numberless  instances,  that  the 
rights  of  the  people  lie,  even  now,  at  the  mere  mercy  of 
their  governours  ;  and  granting  a  perpetual  support,  it 
is  thought,  would  be  in  reality  little  less  than  the  loss 
of  every  tiling  dear  to  them. 

It  nmst  be  confessed  that  many  plausible  arguments 
may  be  assigned,  in  support  of  the  jealousy  of  the  house. 
A  governour  has  numberless  opportunities,  not  proper 
to  be  mentioned,  for  invading  the  rights  of  the  people, 
and  insuperable  difficulties  would  necessarily  attend 
all  the  means  of  redress. 

By  gradual  advances,  at  seasonable  junctures,  we 
might  have  introduced  such  amendments,  as  would,  at 
this  day,  have  established  a  sound  and  well  fortified  po* 
litical  frame  ;  but  through  our  utter  neglect  of  educa- 
tion, the  ancient  assemblies  consisted  of  plain,  illiterate 
husbandmen,  whose  vie  ws  seldom  extended  farther  than 
to  the  regulation  of  highways,  the  destruction  of  wolves, 
wild  cats,  and  foxes,  and  the  advancement  of  the  other 
little  interests  of  the  particular  counties  which  they 
were  chosen  to  represent. 

CHAPTER  VI. 

Of  our  Laws  and  Courts. 

The  state  of  our  laws  opens  a  door  to  much  contro*- 
versy.  The  uncertainty,  with  resf^ect  to  them,  renders 
property  pre^carious^  ami  greatly  exposes  us  to  the 


37'I  History  of  New-York. 

bitrary  decisions  of  bad  judges.  The  comriion  law  oL 
England  is  generally  received,  together  whh  such  sta- 
tutes as  were  enacted  before  we  had  a  legislature  of  our 
own.  But  our  courts  exercise  a  sovereign  authority 
in  determining  what  parts  of  the  common  and  statute 
law  ought  to  be  extended  ;  for,  it  must  be  admitted, 
that  the  difference  of  circumstances  necessarily  requires 
us,  in  some  cases,  to  reject  the  determinations  of  both. 
In  many  instances  they  have  also  extended,  as  I  have 
elsewhere  observed,  even  acts  of  parliament,  passed 
^ince  we  have  had  a  distinct  legislation,  which  is  adding 
greatly  to  our  confusion.  The  practice  of  our  courts 
is  not  less  uncertain  than  the  law.  Some  of  the  English 
rules  are  adopted  and  others  rejected.  Two  things^ 
therefore,  seem  to  be  absolutely  necessary  for  the  pub- 
lick  security  : 

First,  The  passing  an  act  for  settling  the  extent  of 
English  laws.  And^ 

Secondly,  That  the  courts  ordain  a  general  set  of 
rules  for  the  regulation  of  the  practice. 

To  give  a  particular  account  of  our  laws,  civil  and 
criminal,  cannot  be  expected  in  this  work.  All  lands 
are  held  of  the  crown  by  soccage  tenure,  as  those  of 
East  Greenwich,  at  home,  in  the  county  of  Kent ;  and 
the  manner  of  obtaining  a  title  to  such  as  are  vacant,  or 
in  possession  of  the  Indians,  is  this  : 

Formerly  the  custom  was  to  apply  to  the  governour 
in  council,  for  a  license  to  purchase  lands  of  the  natives 
in  his  majesty's  name.  A  deed  was  then  privately  ob- 
tained from  the  Indian  proprietors  to  the  king,  and  an- 
nexed to  a  second  petition  to  the  governour,  for  a  war- 
rant to  the  surveyor  general,  to  make  a  survey  of  the 
quantity  purchased.  Another  warrant,  upon  the  re-= 
turn  of  the  survey,  was  then  isfeued  to  the  attorney  ge- 


History  of  New-York. 


373 


iieral,  to  prepare  a  draught  of  the  patent ;  which  being 
transmitted  to  the  secretary's  office,  was  then  engrossed 
upon  parchment,  and  the  great  seal  affixed  to  it  by  the 
governour. ' 

In  these  surveys  and  deeds,  more  lands  were  often 
included  than  the  Indians  intended  to  sell ;  and  these 
frauds  being  frequently  complained  of,  an  order  was 
made  by  the  governour  and  council,  in  1736,  that 
thenceforth  no  Indian  deed  should  be  taken  until  the 
land  proposed  to  be  granted  was  actually  surveyed  by 
the  surveyor  general,  or  one  of  his  deputies,  in  the  pre- 
sence of  the  Indian  proprietors  ;  that  the  bounds  of  the 
tract  should  be  then  entered  in  the  deed,  and  a  certifi- 
cate endorsed  that  they  are  agreeable  to  the  survey, 
and  that  he  saw  the  consideration  money  or  goods,  bo- 
na JidCy  delivered  to  the  vendors. 

The  patenting  of  lands,  has  long  been,  and  still  con- 
tinues  to  be,  very  expensive. 

Our  law  judicatories  are  numerous ;  I  begin  with 
the  lowest. 

Of  the  Justices'  Court.  Justices  of  the  peace  are 
appointed  by  commission  from  the  governours,  who,  to 
serve  their  purposes  in  elections,  sometimes  grant,  as  it 
is  called,  the  administration  to  particular  favourites  in 
each  county,  which  is  the  nomination  of  officers  civil 
and  military  ;  and,  by  these  means,  the  justices  have 
been  astonishingly  multiplied.  There  are  instances  of 
some  who  can  neither  write  nor  read.^    These  genii. 

Lord  Bacon's  observation,  that  Hhere  are  many  who  count  it  a 
credit  to  be  burdened  with  the  office  of  a  justice  of  the  peace,  is  very 
applicable  to  us.  Bacon's  Avorks,  fol.  vol.  ii.  p.  151.  The  statute  of 
38  Hen.  Vltl.  limited  the  number  of  justiceR     eight  in  a  county. 


374 


History  of  New-York. 


besides  their  ordinary  powers,  are  by  acts  of  assembly 
enabled  to  hold  courts  for  the  determination  of  small 
causes  of  five  pounds  and  under  ;  but  the  parties  are 
p)  ivileged,  if  they  choose  it,  with  a  jury  of  six  men.  The 
proceedings  are  in  a  summary  way,  and  the  conduct  of 
the  justices  has  given  just  cause  to  innumerable  com- 
plaints. The  justices  have  also  a  jurisdiction  with  re- 
spect to  crimes  under  the  degree  of  grand  larceny. 
For  any  three  of  them  (one  being  of  the  quorum)  fuay 
try  the  criminal,  without  a  jury,  and  inflict  punishments 
not  extending  to  life  or  limb. 

The  Sessions  and  Court  of  Common  Pleas.  The 
court  of  common  pleas  takes  cognizance  of  all  caus- 
es where  the  matter  in  demand  is  in  value  above 
five  pounds.  It  is  established  by  an  ordinance  of  the 
governour  in  council.  The  judges  are  ordinarily  three, 
and  hold  their  offices  during  pleasure.  Through  the 
infancy  of  the  country,  few,  if  any  of  them,  are  acquaint- 
ed with  the  law.  The  practice  of  these  courts  is  simi- 
lar to  that  of  the  common  bench  at  Westminster.  Tliey 
have  each  a  clerk  commissioned  by  the  governour,  who 
issues  their  writs,  enters  their  minutes,  and  keeps  the 
records  of  the  county.  They  are  held  twice  every 
year.  These  judges,  together  with  some  of  the  justices, 
hold,  at  the  same  time,  a  court  of  general  sessions  of  the 
peace. 

The  Supreme  Court.  The  jurisdiction  of  this  court 
extends  through  the  whole  province,  and  its  powers  are 
very  great.  For  it  takes  cognizance  of  all  causes  civil 
and  criminal,  as  fully  as  the  king's  bench  and  common 
pleas  at  Westminster.  In  civil  controversies,  the  value 
of  the  sum  demanded  must  exceed  twenty  pounds.  This 
court  hae  four  terms  in  a  yeai^^  and  always  sits  at  New- 


History  of  New-York. 


375 


York.^  The  judges,  for  many  years  past,  have  been 
but  tliree.  The  chief  justice  has  ten  shillings,  as  a  per- 
quisite, upon  the  fir^t  motion  in  every  cause,  together 
with  an  annual  allowance  of  300/,  The  second  and 
third  justices  have  also  yearly  appointments,  too  in- 
C(  nsiderable  to  be  worth  mentioning.  They  hold  their 
offices  by  separate  commissions  under  the  great  seal  of 
the  province,  which  were  formerly  during  pleasure,  but 
of  late  quam  diu  se  bene  gesseriatf 

The  supreme  court  was,  at  tirst,  established  by  seve^ 
ral  laws  of  the  province ;  but  the  terms  were,  afterwards, 
directed  by  an  ordinance  of  the  governour  and  council, 
i^v^hich  is  alterable  at  pleasure. 

Whether  this  court  has  a  right  to  determine  causes 
in  a  course  of  equity,  was  a  question  much  litigated, 
during  the  troubles  in  the  several  administrations  of 
Mr.  Cosby  and  Mr.  Clarke.  Colonel  Morris,  afterwards 
governour  of  New-Jersey,  sat  then  as  chief  justice  upon 
the  bench,  and  delivered  a  long,  argumentative,  opinion 
in  the  negative^    The  people  were,  in  general,  on  that 

*  The  terms  commence  on  the  third  Tuesdays  in  January,  April  and 
October,  and  on  the  last  in  July.  The  first  and  last  continue  fiv^ 
days,  and  the  two  other  terms  ten. 

f  Prosecutions,  by  information,  are  often  commenced  in  the  supreme 
court  by  order  of  the  governour  and  council,  and  criminals  sometimes 
committed  by  their  warrants ;  for  wliich  reason  some  are  of  opinion 
that  the  judges  ought  not  to  be  members  of  that  board,  which  is  fre- 
quently the  case. 

J  See  the  printed  opinion,  and  the  arguments  of  messieurs  Alexan- 
der and  Smith,  for  the  defendant.  Van  Dam,  adversus  the  attorney 
general  ;  in  support  of  a  plea  to  the  jurisdiction  of  the  snpreme  court, 
on  a  bili  filed  there  for  governour  Cosby  in  a  course  of  equity.  iSew- 
York  printed  by  John  P,  Zenger,  1733, 


376 


History  of  New- York. 


side,  and  the  exchequer  court  bell  scarce  ever  rung,  but 
the  city  was  all  in  confusion.  Petitions  against  the 
court,  from  several  parts  of  the  province,  came  up  to 
the  assembly,  who  desired  to  hear  counsel ;  and  ac- 
cordingly Mr.  Smith  and  Mr.  Murray,  delivered  their 
opinions  at  their  request,  both  which  were  afterwards 
printed  by  their  order.  The  former,  who  spoke  first, 
urged  numerous  authorities,  to  prove  that  no  court  of 
equity  could  be  legally  established  except  by  prescrip- 
tion or  an  act  of  the  legislature,  and  concluded  with 
these  words — "  'Tis  with  the  greatest  submission  that  I 
tender  my  opinion  upon  these  points. — T  have  said  no- 
thing with  a  design  to  offend  any  man,  nor  have  I  omitr 
ted  saying  any  thing  that  I  thought  might  tend  to  the 
publick  good.  Liheravi  animam  meam.  I  have  endea- 
voured to  discharge  the  trust,  and  support  the  character^, 
with  which  this  house  has  honoured  me.  You  have  my 
sincere  and  real  sentiments.  If  I  have  erred  in  any 
thing,  it  has  been  unwillingly.  I  am  heartily  a  friend 
to  this  colony,  and  earnestly  wish  its  prosperity.  I  have 
no  interest  in  the  points  in  question,  but  what  are  com- 
mon to  all  the  freemen  of  this  province.  I  profess  the 
greatest  veneration  for  the  laws  of  my  country,  and  am 
glad  of  every  opportunity  to  do  them  publick  honour. 
They  place  our  liberties  upon  the  firmest  basis,  and  put 
our  properties  under  the  surest  protection.  I  rejoice 
in  the  security  that  we  have  of  a  long  enjoyment  of 
them  by  the  settlement  of  the  succession  in  the  house 
of  Hanover. — 'Tis  the  excellency  of  our  constitution^ 
and  the  glory  of  our  princes,  that  they  are  sovereign 
over  freemen,  and  not  slaves.  'Tis  the  misery  of  an 
arbitrary  government  that  a  man  can  enjoy  nothing 
under  it;,  that  he  can  call  his  own.    Life,  liberty,  and 


History  of  New-Yorh 


property,  are  not  his,  but  all  at  the  will  and  disposal  of 
his  tyrannical  owner.  I  don't  wonder  that  our  ances- 
tors have  been  always  so  jealous  of  their  liberties :  how 
oft  have  they  bravely  fought,  and  nobly  died,  in  the  de- 
fence of  them  ?  we  have  received  our  liberties  and  our 
laws,  as  an  inheritance  transmitted  to  us  in  the  blood  of 
our  fathers.  How  highly  therefore  should  we  prize  and 
value  them  !  and  what  care  should  we  take,  that  we  and 
our  posterity  may  enjoy  them  in  their  full  extent  ?  If 
this  be  our  happy  case,  we  shall  sit  under  our  own 
vines  and  our  own  fig  trees,  and  none  will  make  us 
afraid.  We  shall  see  our  country  flourish,  and  our- 
selves a  happy  people.  But  if  an  arbitrary  power  over 
our  liberties  and  properties  be  let  in  upon  us,  but  at  a 
back  door,  it  w  ill  certainly  drive  many  of  us  out  of  our 
habitations  ;  and  'tis  to  be  feared,  will  once  more  re- 
duce our  country  to  a  wilderness,  and  a  land  without 
inhabitant  :  which  we  doubt  not  but  this  honourable 
house  will  take  care  to  prevent." 

Mr.  Murray  laboured  to  show  that  the  chancery, 
king's  bench,  common  pleas  and  exchequer,  were  of 
original  jurisdiction  by  the  constitution  of  England ; 
and  was  fearful  that  our  establishment  of  these  courts 
here  by  an  act  of  assembly,  would  draw  into  question 
our  equal  rights  to  all  the  liberties  and  privileges  of 
Englishmen.    He  closed  his  opinion  in  this  manner  : 

"  Arid  now,  Mr.  speaker,  I  have  in  the  best  manner 
that  I  was  capable  of,  performed  what  this  honourable 
house  desired  of  me,  in  giving  truly  my  sentiments  up- 
on the  subject  matter  of  these  petitions. 

"  Mr.  Smith,  in  delivering  his  sentiments  last  Friday^ 
did,  in  so  handsome  and  elegant  a  manner,  fully  prove 
that  the  people  of  this  colony  are  undoubtedly  entitled 

48 


37^  Bistory  of  New- York. 


to  the  customs,  laws,  liberties,  and  privileges  of  Eng- 
lishmen, that  it  was  needless  for  me  to  attempt  the 
proof  thereof,  which  otherwise  I  should  have  done.  But 
1  do  entirely  agree  with  lam,  in  all  that  he  said  on  \h?i 
head  ;  and  I  hope  I  have  proved  that  the  fundamenliil 
courts,  by  the  Jaws  of  England,  are  as  much  part  of 
those  liberties  and  privileges,  and  as  much  by  the  cus« 
turns  and  laws  of  England,  as  any  other  of  their  liber- 
tij  s  and  privileges  are  ;  and  of  consequence,  the  people 
here  as  much  entitled  to  those  fundamental  courts,  as 

their  other  privileges  ;  and  have  endeavoured  to  an» 
SA'^er  all  the  objecti^  ms  that  I  had  heard  were,  or  thought 
could  be,  made  against  our  being  entitled  to  the  same 
courts.  And  upon  the  whole  thereof,  as  there  has  been 
n)uch  talked  about  the  liberties  and  privileges  of  the 
people,  I  would  beg  leave  only  to  propound  this  one 
question,  who  is  he  that  argues  most  in  favour  of  the 
liberties  of  tiie  people  ?  he  wh^  affirms  and  proves 
that  they  are  entitled  to  those  liberties  and  privileges^ 
laws  and  customs  of  England,  and  the  good  old  original 
courts,  that  are  by  those  laws,  without  an  act?  or, 
be  w^ho  argues  and  says  we  are  not  entitled  to  tliem^ 
until  an  act  is  passed  to  establish  them  ?  I  suppose 
the  answ  er  would  be  given,  without  hesitation,  in  favour 
of  the  former* 

"  But,  Mr.  speaker,  if  it  yet  should  be  said,  that  there 
is  a  necessity  for  making  acts  relating  to  those  couits^ 
I  would  beg  leave  to  offer  to  this  honourable  house  tfie 
iiintati^m  of  such  laws  relating  to  those  courts,  as  the 
wise  legislature  of  England  have  thought  fit  to  make^ 
I  presume  it  will  not  be  said  there  can  be  a  better  pat- 
tern offered  for  the  assembly  to  go  by.  And  it  is  not 
\i>  be  sujiposed  but  ttiat  the  parlidment  at  home  has 


History  oj  New-Yorh 


37^ 


inade  all  the  regulations  Iherein  that  can  be  thought 
necessary  ;  whereas  going  into  new  schemes  and  new 
inventions,  may  be  attended  with  many  inconveniences^ 
which,  when  they  happen,  may  not  be  so  easily  reme- 
died. 

"  And  I  beg  leave  to  conckide^  by  praying  that  God 
Almigiity  may  guide,  direct,  and  influence  this  honour- 
able house  in  their  debates  and  consultations  upon  this 
momentous  affair,  and  that  the  end  thereof  may  be  for 
the  good  of  all  the  inhabitants  of  this  colony/* 

The  opposition  to  the  esche€j[uer  became  now  strong- 
er than  before  the  counsel  were  heard.  And,  therefore^s 
under  these  discouragements,  the  court  has  taken  cog-^ 
nizance  of  no  cause  since  Vasi  Danrs^  nor  has  that  in- 
deed ever  been  determined.^ 

*  Sir  John  Randolph  wrote  his  sentifneats  concerning  these  dispule^i 
to  captain  Pecrse.    And  as  he  vv&s  an  eminent  lawyer^  in  Virgiaia,  £ 
doubt  not  his  letter  will  be  acceptable  to  the  reader. 
SIR, 

"  By  your  request  I  have  perused  and  considered  the  arguments  aC 
Mr.  Smith  and  Mr.  Murray,  before  the  ^^eneral  assembly  of  New  York^ 
in  relation  to  the  coMrt  of  eqiiily  esitablished  there  in  a  new  court  of 
exchequer ;  which,  I  perceive,  was  done  principallj^  for  determining  a 
dispute  betvrt  en  the  i^overklour  aad  the  president  of  the  council,  about 
their  right  to  the  salary  annexed  to  the  oiFice  of  the  commander  ia 
chief,  wliether  he  be  the  gov  eroour  or  president ;  and  it  seems  strange 
to  me,  that  upon  such  an  occasion,  so  extraordinary  a  step  should  be 
taken  as  the  erecting  of  a  new  court,  exempted  from  the  rules  of  the 
proceeding  at  the  common  law,  when  the  matter  might  hare  been  de^ 
cided  in  an  action  of  the  case  upon  ae  indebitatus  assumpsit,  which  is 
the  settled  method  and  most  expeditious  remedy  in  cases  of  that  na- 
ture, 

"  Both  these  gentlemen  seem  to  have  agreed  in  one  point,  that  it  was 
necessary  to  trace  the  court  of  chancery  and  the  equity  court  in  the 
exchequer  back  to  their  original  institutiQH,  i»  ord^r  to  »how  whether 


380 


'  History  of  New-Yorh 


The  judges  of  this  court,  according  to  an  act  of  as- 
sembly, are  judges  of  Nisi  Prius  of  course  ;  and,  agree- 

the  governoiir  of  a  new  plantation,  hatli  a  po  wer  or  not,  to  erect  courts, 
in  imitation  of  these  high  and  ancient  courts  in  England.  And  from 
their  researches,  they  seem  to  have  made  very  different  conclusions. 
Mr.  Smith  rightly  concludes  against  the  legality  of  this  court ;  but 
Mr.  Murray  is  afraid  all  must  be  lost,  if  the  four  fundamental  courts, 
as  he  calls  them,  cannot  be  obtained  in  New-York.  I  own  I  do  not 
understand  the  force  of  this  sort  of  reasoning  ;  nor  can  I  conceive  how 
any  enquiry  into  the  original  of  the  high  court  of  chancery,  which  must, 
after  all,  end  in  a  mere  conjecture,  can  afford  the  least  assistance  in 
forming  a  right  judgment  upon  this  question,  which  must  depend  upon 
the  particular  constitution  of  these  foreign  colonies. 

"  The  court  of  chancery,  in  England,  has  its  being  from  custom  and 
usage,  to  which  it  owes  its  legality.  If  it  were  to  be  erected  now  by 
the  king's  power,  it  could  not  stand  ;  therefore  it  is  undoubtedly  a  great 
absurdity  to  suppose,  that  upon  the  planting  every  new  colony  by  the 
subjects  of  England,  new  courts  must  spring  up,  as  it  were,  from  the 
roots  of  the  ancient  courts,  and  be  established  without  the  consent  of 
the  legislature ;  because  we  can  imitate  their  methods  of  proceeding, 
though  we  are  very  imperfect  in  comparison  to  their  reason  and  judg- 
ment. Then  I  think  there  is  another  impropriety  in  the  debate  of  this 
question  :  they  would  argue  from  the  power  and  prerogative  of  the 
king,  to  entitle  a  governour  to  act  in  the  same  manner.  I  think,  be- 
fore  they  turn  a  governour  into  a  king,  they  should  take  care  to  pro- 
vidf'  for  him  the  same  sufficiency  of  wisdom,  and  as  able  a  council  : 
therefore  I  must  suppose  a  mighty  difference  between  the  power  of  a 
king  and  the  goveruours  abroad. — Their  instructions^  as  to  the  erect- 
icg  of  courts,  or  the  authorities  granted  in  their  patents  for  that  purpose, 
are  not  uow,  as  ihvy  were  in  the  beginning  wher;  there  were  no  courts  : 
but  proper  judicatures  being  long  since  established,  there  is  an  ew  of 
their  power  in  that  respect ;  and  if  ^ny  alteration  is  found  necessary,  it 
mm  t  certJ^inlj  be  done  by  the  consent  of  the  legislature.  The  kings  of 
England  have  always,  so  tar  as  I  am  acquainted  with  the  history  of  the 
plantations,  used  a  particulnr  tenderne  s  in  the  business  of  erecting  their 
court:  >f  jotlirature,  by  directing  their  governours  to  take  the  advice  of 
the  general  assembliers  in  that  matter,  and  I  dare  say,  that  if  the  patents 


Hislory  of  New-YorJc. 


381 


able  to  an  ordinance  of  the  governour  and  council,  per- 
form a  circuit  through  the  counties  once  every  year. 


and  instructions  of  the  govefoour  of  New-York  were  to  be  inspected,  no 
sufficient  warrant  will  be  found  in  them  to  exercise  i\m  high  power  of 
setting  up  new  courts.  But  be  that  as  it  will,  this  is  most  manifest, 
that  setting  up  one  or  more  men  with  power  to  judge  men's  properties, 
by  other  rules  than  those  of  the  common  law,  by  which  alone  we  of  the 
plantations  must  be  governed,  must  subject  the  estates  of  that  people  to 
an  arbitrary  rule,  so  far  as  they  are  restrained  from  appealing  to  an  high? 
er  jurisdiction,  and  may  enslave  them  to  the  weak,  if  not  corrupt,  judg- 
ments of  those  men.  It  really  seems  to  be  a  siagular  misfortune  to  the 
people  of  New- York,  that  a  question  of  this  nature  should  be  so  far 
countenanced  as  to  become  a  subject  of  argument,  when,  I  believe,  in 
any  other  colony,  it  would  not  have  been  thought  a  matter  of  any  doubt 
or  the  least  difficulty.  But  above  all,  it  is  most  extravagant,  that  a 
court  of  equity  should  be  erected  for  the  trial  of  a  cause,  of  which, 
without  doing  violence  to  its  nature,  it  cannot  have  any  jurisdiclitm  ;  and 
I  have  wondered,  in  so  warm  a  debate,  that  this  p©int  has  been  passed 
over.  I  think  nothing  could  entitle  the  court  of  equity  to  proceed  in 
the  cause  between  the  governour  and  Van  Dam,  unlers  there  was  a  want 
of  proof  of  Van  Dam's  receiving  the  money  in  dispute,  which  I  suppose 
is  impossible,  since  it  must  have  issued  out  of  the  publick  treasury  of  the 
province.  If  I  had  been  to  have  argued  this  point,  I  should  have  taken 
a  very  different  method  from  those  gentlemen.  Instead  of  takii^g  so 
much  pains,  in  running  through  so  many  book  cases,  to  settle  what  the 
constitution  of  England  is,  I  would  have  stated  the  constitution  of  this  par- 
ticular government,  as  it  is  grounded  either  upon  treaties  or  grants  from 
the  crown  of  England  ;  for  as  New- York  was  a  conquered  country,  it  is 
very  probable  something  may  have  been  stipulated  between  the  ttates 
General  and  the  crown  of  E  gland,  in  behalf  of  the  subjects  of  Holland, 
which  were  left  there  in  possession  of  their  estates  and  so  became  sub- 
jects to  England.  If  there  was  any  such  treaty,  tha:  must  be  looked 
upon  as  the  fundamental  law  of  the  province ;  and  next  to  that  the  king's 
charters  must  take  place.  I  do  not  at  all  doubt,  but  >ome  way  or 
other,  the  common  \aw  was  established  there,  and  if  not,  as  there  is  a 
legislature,  I  su«)pose  it  is  adopted, by  ihe  country!  (br  fhere  is,  un- 
doubtedly, a  great  difference  between  the  people  of  a  conquered  country 


382 


History  of  New-York. 


They  carry  with  them,  at  the  same  time,  a  «ommfe 
sion  of  oyer  and  terminer  and  general  gaol  deliverv,  in 
which  some  of  the  county  justices  are  joined. 

The  judges  and  piactisers  in  the  supreme,  and 
all  other  courts,  wear  no  peculiar  habits,  as  they  do  at 
Westminster  hall,  and  in  some  of  the  West  India  isl- 
ands ;  nor  is  there,  as  yet,  any  distinction  or  degrees 
among  the  lawyers. 

The  door  of  ad^rdssion  into  the  practice  is  too  ope  Do 
The  usual  preparatories  are  a  college  or  univt  rsity 
education,  and  three  years  apprenticeship  ;  or,  without 
the  former,  seven  years  eervice  under  an  attorney.  In 
either  of  these  cases,  the  chief  justice  recomrnends  the 
candidate  to  the  governour,  who  thereupon  grants  a  li- 
cense to  practise  under  his  hand  and  seal  at  arms.  Thie 
being  produced  to  the  court,  the  usual  state  oaths  and 
subscriptions  are  taken,  together  with  an  oath  for  hm 
upright  demeanour,  and  lie  is  then  qualified  to  practise 

and  colonies  established  by  the  kiag'<<  consent  by  the  subjects  of  Eng- 
land. The  common  law  follows  them  wherever  they  go  ;  but  as  to  the 
other,  it  must  arise  either  from  treaties  or  grants ;  therefore  it  is  a  piiy, 
fevery  thing  in  relation  to  this  matter  has  been  omitted,  which  would  have 
beea  of  great  use  to  those  who  are  unacquainted  with  the  facts>  in  fom- 
ing  a  judgment  in  this  case.  I  cannot  forbear  observing  a  mighty  weak- 
ness in  the  lawyers  of  New-Y  )rk,  in  blindly  following  a  common  errour 
in  relation  to  the  statutes  of  England  being  in  force  there  ;  whereas  there 
is  no  foundation  in  sense  or  reason  for  such  an  opinion.  The  common 
law  must  be  the  only  rule  ;  and  if  we  wade  into  the  statutes,  no  man  can 
tel»  what  the  law  is.  It  is  certain  all  of  them  cannot  bind,  and  ta  know 
which  do,  was  always  above  my  capacity.  Those  that  are  declarative 
of  the  common  law,  serve  us  rather  as  evidences,  than  by  any  binding 
quality^  as  statutes. 

"  I  am.  sir,  yomr  laost  obedient  servant,  &c. 


History  oj  New-Yorh  3B3 

in  eyery  court  in  the  province.  Into  tlie  county  courts 
attornies  are  introduced  with  still  less  ci^remony.  For 
our  governours  have  formerly  licensed  all  persons,  how 
indifFerently  soever  recommended  ;  and  the  profession 
has  been  shamefully  disgraced,  by  the  admission  of  men 
not  only  of  the  meanest  abilities,  but  of  the  low^est  em- 
ployments. The  present  judges  of  the  supreme  court 
are  the  honourable  (for  that  is  their  title) 

James  De  Lancey,  esq.  chief  just  ice* 
John  Chambers^  esq.  second  justice. 
Daniel  Horsmaoden,  esq*  third  justice. 
They  have  but  two  clerks  ;  one  attendant  upon  the 
supreme  court  at  New-York,  and  the  other  on  the  cir« 
cuits.   The  former  seals  all  their  process  and  is  keeper 
of  the  records* 

The  Court  of  Admiralty.   The  only  officers  of 
this  coufi  are  the  judge^  or  commissary,  the  register 
and  marshal.    The  present  judge^  Lewis  Morris^  esq^ 
has,  by  his  commission,^  a  jurisdiction  in  all  mnntluie 
aflairsj  not  only  heie,  but  in  the  colonies  of  New -Jer- 
sey and  Connecticut.   The  proceedings  before  him  are 
in  English,  and  according  to  the  course  of  the  civil  law% 
The  Prerogatite  Court.   The  business  of  this  court 
relates  to  the  probate  of  last  wills  and  te>taments,  and 
the  grants  of  letters  of  administration  on  intestates'  es- 
tates. The  powers,  relative  to  these  matters,  are  commit'- 
ted  to  the  goveroour,  who  acts  ordinarily  by  a  delegate* 
The  Court  of  the  Governour  and  Council.  The 
authority  of  this  court  is  best  seen  in  the  instruction  on 
which  it  depends. 

"  Our  will  and  pleasure  is,  that  you,  or  the  command- 
er in  chief  of  our  said  province,  for  the  time  being,  do 

*  II  fe  uader  the  ineal  ©f  ihe  admiidljs  and  dated  Jamiary  l^^  1^3^. 


Ilislory  of  JSew-Yorh. 


in  all  civil  causes,  on  application  being  made  to  you,  or 
the  commander  in  chief  for  the  time  being,  for  that 
purpose,  permit  and  allow  appeals,  from  any  of  the 
courts  of  common  law  in  our  said  province,  unto  you 
or  the  commander  in  chief,  and  the  council  of  our  said 
province  ;  and  you  are,  for  that  purpose,  to  issue  a  writ, 
in  the  manner  which  has  been  usually  accustomed,  re- 
turnable before  yourself  and  the  council  of  our  said 
province,  who  are  to  proceed  to  liear  and  determine 
such  appeal  ;  wherein  such  of  our  said  council,  as  shall 
be  at  that  time  judges  of  the  court  from  whence  such 
appeal  shall  be  so  made,  to  you  our  captain  general,  or 
to  the  commander  in  chief  for  the  time  being,  and  to 
our  said  council,  as  aforesaid,  shall  not  be  admitted  to 
vote  upon  the  said  appeal ;  but  they  may,  nevertheless, 
be  present  at  the  hearing  thereof,  to  give  the  reasons 
of  the  judgment  given  by  them  in  the  causes  wherein 
such  appeals  shall  be  made. 

"  Provided  nevertheless,  that  in  aU  such  appeals,  the 
sum  or  value  appealed  for,  do  exceed  the  sum  of  ^  three 
hundred  pounds  sterling  ;  and  that  security  be  first  du- 
ly given  by  the  appellant,  to  ans^wer  such  charges,  as 
shall  be  awarded  in  case  the  first  sentence  be  affirmed ; 
and  if  either  party  shall  not  rest  satisfied  with  the  judge- 
ment of  you,  or  the  commander  in  chief  for  the  time  be- 

*  Before  the  arrivel  of  sir  Danvers  Osborn,  appeals  were  given  to 
the  j^overoour  and  council,  in  all  causes  above  lOOl.  sterling,  and 
to  the  king  in  council  in  all  those  above  3001.  sterling.  By  this 
instruction  the  power  of  the  supreme  court  and  the  governour  and 
council  is  prodigiously  augmented.  In  this  infant  country  few 
contracts  are  equal  to  the  sums  mentioned  in  the  instruction,  and 
therefore  an  uncontrolable  authprity  in  our  courts  may  be  dangerous 
to  the  property  and  liberties  of  the  people.  Proper  checks  upon  judg- 
es preserve  them  both  from  indolence  and  corruption* 


History  of  New-York. 


385 


iilig,  and  council  as  aforesaid,  our  will  and  pleasure  is, 
that  they  mtiy  then  appeal  unto  us  in  our  privy  council. 
Provided  the  sum  or  value  so  appealed  for  unto  us,  ex- 
ceed five  hundred  pounds  sterling,  and  that  such  appeal 
be  made  within  fourteen  days  after  sentence,  and  good 
security  given  by  the  appellant,  that  he  will  effectually 
prosecute  the  same  and  answer  the  condemnation,  and 
also  pay  such  costs  and  damages,  as  shall  be  awarded  by 
us,  in  case  the  sentence  of  you,  or  the  commander  in 
chief  for  the  time  being,  and  council,  be  affirmed.  Pro- 
Tided  nevertheless,  where  the  matter  in  question  relates 
to  the  taking  or  demanding  any  duty  payable  to  us,  or 
to  any  fee  of  office,  or  annual  rent,  or  other  such  like 
matter  or  thing,  where  the  rights  in  future  may  be  bound, 
in  all  such  cases,  you  are  to  admit  an  appeal  to  us  in 
our  privy  council,  though  the  immediate  sum  or  value 
appealed  for,  be  of  a  less  value.  And  it  is  our  further 
will  and  pleasure,  that  in  all  cases,  where,  by  your  in- 
structions, you  are  to  admit  appeals  to  us  in  our  privy 
council,  execution  be  suspended,  until  the  final  deter- 
mination of  such  appeals,  unless  good  and  sufficient  se- 
curity be  given  by  the  appellee,  to  make  ample  restitu- 
tion of  all  that  the  appellant  shall  have  lost,  by  means 
of  such  judgment  or  decree,  in  case  upon  the  determi- 
nation of  such  appeal,  such  decree  or  judgment  should 
be  reversed,  and  restitution  awarded  to  the  appellant.'"' 
The  Court  of  Chancery.  Of  all  our  courts,  none 
has  been  more  obnoxious  to  the  people  than  this« 
There  have  been  (as  I  have  already  shown)  few  admin- 
istrations since  its  first  erection,  in  which  our  assemblies 
have  not  expressed  their  disapprobation  of  its  constitu- 
tion by  ordinance,  and  the  exercise  of  the  chancellor'? 
power  by  the  governour.    During  the  admmistratiQn 

49 


History  of  Nerv-Yorh 


of  governour  Cosby,  a  bill  was  filed  by  sir  Joseph 
E  \  les  and  others,  to  vacate  the  oblong  patent  granted 
by  his  immediate  predecessor  to  Hauley  and  company. 
The  defendants  excepted  to  the  governour's  jurisdicti<m 
but  -being  overruled,  they  resorted  to  the  assembly 
with  a  complaint,  and  the  house,  on  the  6th  of  JNovem- 
ber,  1735,  resolved, 

"  That  a  court  of  chancery,  in  this  province,  in  the 
hands  or  under  the  exercise  of  a  governour,  without 
consent  in  general  assembly,  is  contrary  to  law,  unwar- 
rantable, and  of  dangerous  consequence  to  the  liberties 
and  properties  of  the  people/' 

The  same  sentiments  obtained  among  the  people  in 
IVlr.  Clarke's  time,  as  is  very  evident  in  the  memorable 
address  of  the  assembly,  in  1737,  a  part  of  which,  rela- 
tive to  the  court  of  chancery,  is  too  singular  to  be  sup- 
pressed. 

The  settling  and  establishing  of  courts  of  general 
jurisdiction,  for  the  due  administration  of  justice,  is  ne- 
cessary in  every  country,  and  we  conceive  tliey  ought 
to  be  settled  and  established,  by  the  acts  of  the  whole 
legislature,  and  their  several  jurisdictions  aiid  powers 
by  that  authority  limited  and  appointed,  especially 
courts  that  are  to  take  cognizance  of  matters  in  a  course 
of  equity. — This  has  been  the  constant  practice  in  Eng- 
land, when  new  courts  were  to  be  erected,  or  old  ones 
to  be  abolished  or  altered  ;  and  the  several  kings  of 
England,  in  whose  reigns  those  acts  were  made,  never 
conceived,  that  the  settling,  erecting,  or  abolihhirjg 
courts,  by  acts  of  the  legislature,  had  any  tendency  to 
destroy  or  in  the  least  to  diminish  their  just  and  legal 
prerogatives. — It  was  the  method  in  use  here,  both  be* 
fore  and  since  the  revolution,  and  pailicularly  recom- 


History  oj  New-York. 


387 


mended  to  the  assembly  to  be  done  in  that  nnanner,  by 
a  message  from  gfovernour  Sloughter  and  council,  on  the 
15th  day  of  April,  1691.  He  was  the  first  govern  )ur 
since  the  revohition  ;  and  the  governours  that  since  that 
time  assented  to  those  acts,  we  suppose,  never  in  the 
least  imagined,  they  were  giving  up  the  prerogative  of 
their  masters  when  they  gave  that  assent  ;  nor  did  we 
ever  learn  that  they  were  censured  for  doing  so. — On 
the  contrary,  the  constant  instructions,  that  have  fro«n 
time  to  time  been  given  to  the  governours  of  this  pro- 
vince, seem  clearly  to  point  out  the  doing  of  it,  by  acts 
of  the  legislature,  and  not  otherwise,  as  may  be  gather- 
ed from  the  instruction,  for  the  erecting  of  a  court  for 
the  determining  of  small  causes,  by  which  there  are  po- 
sitive directs >n-^  given  to  the  governours  to  recommend 
it  to  the  asse?nbly,  that  a  law  should  be  passed  for  that 
purpose  ;  but  notwithstanding  these  directions,  given  in 
direct  and  express  terms,  the  governours  never  would 
apply  for  such  an  act,  but  erected  that  court  by  an  or« 
dinance  of  themselves  and  council,  as  they  did  the 
court  of  chancery,  which  had  before  that  time  been 
erected  by  acts  of  the  legislature  in  another  manner.— 
They  could  not  be  ignorant,  what  dissatisfaction  the 
erecting  of  a  court  of  chancery,  in  that  manner,  gave  the 
generality  of  the  people. — This  was  very  manifest  by 
the  resolves  of  the  general  assembly,  at  the  time  of  its 
first  being  so  erected,  and  often  since,  declaring  the  il- 
legality of  such  a  proceeding.  And  though  these  re- 
solves have  been,  as  often  as  made,  treated  by  the  go- 
vernours with  an  unreasonable  disregard  and  contempt 
of  them,  yet  to  men  of  prudence,  they  might  have  been 
effectual,  to  have  made  them  decline  persisting  in  a 
procedure  so  illegal^  and  so  generally  dissatisfactory  ; 


388 


History  of  New-York. 


and  which  (as  they  managed  it)  proved  of  no  use  toth^ 
publick  or  benefit  to  themselves.  For  as  few  of  them 
had  talents  equal  to  the  task  of  a  chancellor,  which  they 
had  undertaken  to  perform,  so  it  was  executed  accord- 
ingly. Some  of  them  being  willing  to  hold  such  a 
court,  others  not,  according  as  they  happened  to  be  in- 
fluenced by  those  about  them.  So  that  were  it  really 
established  in  the  most  legal  manner  (as  it  was  not)  yet 
being  in  the  hands  of  a  person  not  compellable  to  do  his 
duty,  it  was  so  managed,  that  the  extraordinary  delays 
and  fruitless  expense  attending  it,  rendered  it  not  only 
useless,  but  a  grievance  to  the  inhabitants,  especially 
those  who  were  so  unfortunate  as  to  be  concerned  in  it: 
which  we  hope  you  think  with  us,  that  it  is  high  time 
should  be  redressed. 

Your  honour  well  knows,  that  the  establishing  that 
court,  in  the  manner  it  has  been  done,  has  been  a  sub- 
ject of  contention,  between  the  governours  and  the  as- 
sembly :  and  since  it  is  confessed  by  all,  that  the  esta- 
blishing both  of  that,  and  other  courts,  by  act  of  the 
legislature,  is  indisputably  legal,  and  gives  them  the 
most  uncontrovertible  authority  ;  and  if  unquestionably 
legal,  what  is  so,  cannot  be  destructive  of  his  majesty's 
prerogative. — W e  therefore  hope,  you  will  make  no 
scruple  of  assenting  to  this  bill,  to  put  an  end  to  a  con- 
tention, that  has  not  been,  nor  will  be,  while  it  contin- 
ues, beneficial  to  his  majesty's  service." 

From  this  time,  the  chancery  has  been  unattacked  by 
the  assembly,  but  the  business  transacted  in  it  is  very 
inconsiderabie.  A  court  of  equity  is  absolutely  neces- 
sary, for  the  due  administration  of  justice  ;  but  whether 
private  property  ought  to  be  in  the  hands  of  the  gover 


History  of  New- York. 


389 


Hours,  I  leave  others  to  determine.^  As  the  publick 
business  of  the  colony  increases,  few  of  them,  I  believe 
will  be  ambitious  of  the  chancellor's  office,  as  they  have 
not  the  assistance  of  a  master  of  the  rolls.  The  pre- 
sent officers  of  this  court  (which  is  always  held  in  the 
council  chamber  at  the  fort)  are,  his  excellency  sir 
Charles  Hardy,  kn' .  chancellor,  two  masters,  two  clerks, 
one  examiner,  a  register,  and  a  serjeant  at  arms,  and 
not  one  of  them  has  a  salary.  In  our  proceedings  we 
copy  after  the  chancery  in  England,  and  indeed  in  all 
our  courts,  the  practice  at  home  is  more  nearly  imita- 
ted in  this  and  New-Jersey,  than  in  any  other  province 
upon  the  continent.  Few  of  our  assemblies  have  been 
capable  to  concert  any  new  regulations  of  this  kind  ; 
and  hence  the  lawyers  have  had  recourse  to  the  English 
customs  and  forms,  which  they  have  generally  adopted. 
While  the  New-England  colonies,  through  the  superior 
education  of  their  representatives,  have  introduced  num- 
berless innovations,  peculiar  to  themselves  ;  the  laws 
of  our  mother  country  have  gradually  obtained  here, 
and,  in  this  respect,  the  publick  has  perhaps  received 
advantages,  even  from  the  ignorance  of  our  ancestors. 

*  Some  are  of  opinion  that  the  governour's  jurisdiction  in  this,  and 
the  spiritual,  or  prerogative  court,  are  incompatible. 


CONTINUATION 

OF  THE 

HISTORY  OF  NEW-TO?tK. 


CONTIMUATIOH 


OF  THE  ; 

HISTORY  OF  HEW-YORK. 
PART  VIL 

From  the  year  1732  to  the  year  1736,  including  the 
7vhole  period  of  Governour  Cosby'' s  Administration, 


§  I.  Cosby's  popularity.  §  IT.  Meeting  of  the  assembly.  §  III.  Wig 
tax,  and  garrison  at  Oswego.  §  IV.  Other  taxes  toted,  and  pro- 
ceedings of  the  assembly,  §  V.  Adjournment,  and  second  meeting. 
§  VI.  Court  of  equity.  §  Vll.  Quakers.  §  VIII.  Agent  at  the 
court  of  Great  Britain.  §  IX.  Zenger's  papers  censured.  §  X. 
Jealousy  of  Great  Britain  on  account  of  the  colonial  trade.  §  XL 
Further  taxes  voted,  §  XII.  Assembly  pray  to  be  dissolved. 
§  XIII,  Measures  of  the  governour  become  odious.  §  XIV.  Rip 
Van  Flam  suspended  from  the  council.  §  XV.  Death  and  character 
of  Cosby. 

The  administration  of  governour  Cosby  connmenced. 
under  very  favourable  auspices.  The  attempts  which 
had  been  made  in  the  British  parliament  the  preceding 
year  for  the  encouragement  of  the  sugar  colonies,^  and 
the  consequent  depression  of  the  American  trade,  had 
excited  general  apprehension  in  the  colony  of  New- 
York  for  the  safety  of  her  commerce.  Governour 
Cosby,  while  in  England,  had  been  very  active  in  his 
opposition  to  these  measures*    The  bill  after  a  violent 

*  See  notes. 

50 


394 


Hislory  of  New-York. 


struggle  had  passed  the  house  of  commons,  but  was  re- 
jected  in  the  house  of  lords.  No  person  could  have 
been  selected,  therefore,  for  the  government  of  New- 
York,  who  would  have  been  more  popular  than  go- 
vernour  Cosby.  On  his  arrival  he  issued  his  proc  lama- 
tion  adjourning  the  assembly  to  the  19th  of  August, 
1732.  The  members  of  the  council  consisted,  at  this 
tifue,  of  Mr.  Van  Dam,  (the  former  president  of  the 
colony)  Messrs.  Clarke,  Harrison,  Alexander,  Van 
Horne,  Horsmanden,  Kennedy,  De  Lancey,  Courtlandt, 
and  Lane. 

^  IL  The  assembly  having  met,  according  to  the  gover- 
nour's  proclamation,  immediately  voted  that  an  address 
should  be  presented  to  his  excellency,  congratulating 
him  on  his  safe  arrival,  and  to  return  him  the  thanks  of 
the  house  for  his  opposition,  while  in  England,  to  the 
attempts  in  favour  of  the  sugar  islands.  1  his  vote  was 
in  accordance  with  the  measures  which  had  been  adopt- 
ed  by  the. assembly  at  its  session  in  the  September  pre- 
ceding. At  that  tune  they  had  unanimously  declared 
their  repugnance  to  this  injurious  project.  They  bad 
pronounced  the  bill,  then  pending  in  parliament,  for 
the  better  securing  and  encouraging  the  trade  of  his 
majesty's  sugar  islands  in  America,''  to  be  highly  de- 
trimental to  all  the  British  northern  colonies  in  general, 
and  in  particular  to  New- York  :  that  it  would  deprive 
them  of  the  means  of  vending  the  produce  of  the  colo- 
ny, diminish  its  navigation,  subject  it  to  unreasonable 
hardships,  and,  in  the  end,  disable  it  from  consuming 
such  large  quantities  of  British  manufactures  as  were 
annually  imported  into  it.  The  president,  Van  Dam, 
had  been  earnestly  requested  to  remonstrate  to  his  ma- 
jesty, his  ministers  of  state,  and  tlie  lords  for  trade  and 


History  of  New-YorJc. 


395 


plantations,  ac^ainst  the  proposed  measure.  Its  failure, 
therefore,  was  extrein  ^y  agreeable  to  the  colony.  Go= 
vernour  Cosby  was  flattered  with  the  vote  of  the  as- 
sembly, and  in  his  answer  took  no  little  credit  up jn 
himself  for  having  contributed  towards  the  defeat  of 
the  bill  before  parliament*  He  likewise  plainly  inti- 
mated to  the  house  his  confidence  in  receiving  from  it 
a  revenue  in  as  full  and  aiuple  a  manner  as  had  beea 
granted  by  former  assemblies,  and  requested  its  atten- 
tion to  the  garrison  at  Os^vego,  representing  the  place 
to  be  in  a  ruinous  condition,  and  its  importance  in  se- 
curing and  maintaining  the  Indian  trade.  The  assem^ 
bty,  in  its  answer  to  the  governour,  was,  as  u:»ual,  pro- 
fuse in  terms  of  respect,  but  cautious  in  committing  it- 
self as  to  revenue  or  money  matters.  It  assured  the 
governour  of  its  disposition  to  concur  in  the  measures 
recommended,  so  far  as  the  circumstances  of  the  colony 
would  reasonably  allow ;  that  it  would  concur  in  any 
new  law  for  the  encouragement  of  trade,  the  protection 
of  religion,  and  the  preservation  of  the  just  rights  and 
liberties  of  the  colony.  The  governour  expected  some* 
thing  more  explicit.  He  took  occasion  in  his  reply  to 
inform  the  assembly  that  he  expected  that  it  would 
comply  with  what  he  had  demanded  for  the  support  of 
bis  government.  This  language  from  the  governours 
of  the  colony  was  not  uncommon.  Representing  the 
majesty  of  England,  their  speeches  were  usually  mark- 
ed with  the  saine  spirit  that  characterized  addresses 
from  the  throne.  The  house  of  assembly  was  viewed 
by  them  in  the  same  light  as  the  house  of  commons  was 
viewed  by  the  crown  in  England.  Demands  for  supplies 
were  frequently  answered  by  murmurs  and  complaints* 
This  colonyj  however,  had  miK:h  reason  to  complain  of 


396 


History  of  New- York. 


its  heavy  burthens.  The  wars  between  France  and 
England  had  ahnost  drained  its  resources,  and  subject- 
ed it  to  a  heavy  debt. 

^  III.  The  first  me^tsure  adopted  by  the  assembly  was 
to  order  bills  to  be  brought  in  to  regulate  the  excise, 
to  settle  a  revenue  on  the  governour,  and  to  regulate 
the  militia.  The  treasurer  of  the  colony  having  been 
directed  to  make  a  report  to  the  house  of  certain  ac- 
counts, stated  the  following  receipts  into  the  treasury 
uince  his  last  report,  to  wit  :  nine  pounds  seventeen 
shillings  and  five  pence,  on  account  of  the  tax  on  wigs  ; 
one  thousand  and  twelve  pounds  six  shillings  and  six 
pence  on  account  of  the  excise,  twenty-five  pounds  on 
account  of  licenses  to  hawkers  and  pedlars.  The  tax 
on  wigs  was  undoubtedly  a  wise  and  prudent  uieasure. 
A  custom  had  about  this  time  been  introduced  for 
young  men,  and  even  boys,  to  conceal  their  own  hair 
under  large  and  spacious  wigs.  To  repress  a  custom 
so  absurd  or  to  make  it  a  subject  of  revenue,  had  been 
the  object  of  the  legislature.  The  house  next  directed 
enquiries  to  be  made  as  to  the  state  of  the  garrison  at 
Oswego.  The  result  was  that  that  fort  had  formerly 
been  victualled  by  Harmanus  Wendell,  who  had  been 
employed  for  the  purpose,  and  that  captain  Jacob  Glen, 
had,  by  direction  and  in  behalf  of  captains  John  De 
Peyster,  John  Schuyler,  and  John  Jurriancast  under- 
taken to  victual  his  majesty's  troops  at  Oswego, 
and  to  perform  certain  other  services  there,  for  three 
years,  at  the  rate  of  456/.  per  annum.  The  next 
subject  which  came  before  the  house  claimed  an 
unusual  share  of  its  attention.  It  was  represented  that 
many  of  the  fees  exacted  from  the  people  by  publick 
officers,  and  by  the  practitioners  of  the  law,  were  very 


History  of  Ntw-York. 


397 


exorbitant  and  unwarrantable  :  That  under  colour  of 
law  the  greatest  abuses  had  been  committed  ;  and  a 
number  of  cases  were  mentioned  in  which  parties  had 
been  ruined  by  the  heavy  expenses  of  litigation  ;  and 
likewise  some  gross  instances  of  fraud  and  corruption 
were  stated  to  the  house.  The  assembly  appointed  a 
committee  to  settle  and  regulate  the  fees,  and,  unwilling 
to  offend  the  governour,  it  soon  directed  its  attention 
to  the  ways  and  means  necessary  for  raising  a  revenue- 

^  IV.  The  house  voted  a  tax  or  duty  upon  negro  slaves, 
wines,  shrub,  spirits,  molasses,  cocoa,  and  dry  goods  im- 
ported into  the  colony ;  but  ordered  that  the  monies  be 
paid  directly  to  the  treasurer  of  the  colony.  It  voted 
large  supplies  for  the  support  of  the  garrison  at  Oswego, 
and  imposed  a  tax  upon  persons  trading  with  the  Indians. 
Having  thus  satisfied  the  demands  of  the  governour,  the 
house  proceeded  to  other  subjects  connected  with  the 
prosperity  of  the  colony,  the  promotion  of  trade  and 
agriculture,  and  the  cultivation  of  literature.  Bills 
were  brought  in,  and  passed,  for  regulating  and  laying 
out  roads  in  Kings,  Orange,  Ulster,  Westchester,  and 
some  other  counties  ;  for  preventing  the  destruction  of 
sheep  by  dogs  and  wolves  ;  for  the  relief  of  imprisoned 
debtors,  and  punishment  of  felons  ;  for  building  court 
houses  and  gaols  ;  for  preventing  desertion  in  the  ar- 
my;  for  encouraging  a  publick  school  to  teach  Latin^ 
Greek,  and  the  mathematicks ;  for  discharging  the  seve- 
ral demands  upon  the  trading  house  at  Oswego,  and  for 
confirming  to  the  city  of  New- York  its  rights  and  pri- 
vileges. The  house  likewise  fixed  the  salary  of  the 
governour  at  1560/.  per  annum  ;  of  the  chief  justice  at 
300/.  and  the  second  justice  at  150/.  It  voted  600/. 
for  the  garrison  at  New- York ;  230/,  for  the  garrison 


m 


History  of  New- York. 


and  commissioners  of  Indian  affairs  at  Albnny  ;  atKi 
eerlain  other  sums  for  the  support  of  some  of  ttie  offi- 
cers of  government.  It  declared  also  that  a  fort  ought  tor 
be  built  at  Albany ;  that  some  fortifications  were  neces- 
sary in  Suffolk  county,  aud  that  the  city  of  Nevv-Yorfe; 
ought  to  be  blotter  fortified.  It  requested  the  gover- 
Hour,  when  he  should  go  to  Albany,  to  cause  a  plan  la 
be  made  of  the  fort  necessary  there  to  be  built,  and  aix 
estimate  of  the  expense  to  be  laid  before  the  house. 
Samuel  Baker,  George  Straatfield,  Samuel  Starke, 
Richard  Janeway,  Joseph  Low,  and  fiodrigo  Pacheco, 
reputable  merchants,,  in  London,  were  authorized  by- 
the  house  to  appoint  an  agent  for  the  colony  at  the 
court  of  Great  Britain,  with  a  salary  of  200/.  and  hav- 
ing directed  1000/,  to  be  paid  to  the  governour  m 
grateful  acknowledgment  of  the  vigilant  and  genenms 
assistance  which  he  and  his  relations  and  friends  had[ 
afforded  in  resisting  the  bill  in  parliament  relative  to 
the  sugar  colonies,  it  expressed  a  wish  to  the  govemour 
to  be  dissolved.  The  governour,  after  giving  Ids  as- 
sent  to  twenty-two  bills,  recommended  an  adjournment. 

§  V.  The  assembly  accordingly  ad  journed  itself  to  the 
second  Tuesday  of  April,  1733  ;  and  the  governour, 
by  several  proclamations,  adjourned  it  farther  to  the 
15th  October,  in  the  same  year.  On  that  day  the  house 
qgain  met,  and  the  governour,  in  a  short  address,  told 
it  that  the  barracks  at  New- York  were  in  w^ant  of 
repair,  and  recommended  the  house  to  provide  for  the 
e^xpense.  The  assembly,  however,  was  not  disposed 
to  subject  the  coloay  to  any  additional  burthens  ;  and 
it  resolved  that  the  consideration  of  repairing  the  bar- 
racks in  fort  George,  at  New-York,  be  postponed  to 
tW  next  sesfeioB.   Buriiig  this  part  of  the  session  but 


tlistory  oj  Nen-YorJc. 


399 


few  matters  were  laid  before,  or  acted  upon,  by  Ihfe 
liouse.  Only  eiglit  hills  were  passed  into  laws.  The 
most  important  subjert  which  claiajed  the  attention  of 
-the  housCj  was  a  petition  of  forty-eight  Indian  traders, 
complaining  of  some  irregularities  at  Oswego,  and  ptay- 
ing  legislative  interference.  The  house,  upon  investi- 
gation, found  the  complaints  to  be  true,  and  requested 
tlie  governour  to  appoint  David  A.  Schuyler,  or  in 
case  of  his  death,  or  refusal  to  act,  such  other  person 
as  should  understand  the  Indian  trade  and  language,  to 
i)e  commissary  at  Oswego.  The  assembly  now  adjourn^ 
^d,  and  did  not  again  meet  till  April  25,  1734.  Tiie 
governour  then  opened  the  session  by  a  formal 
speech.  He  complained  in  it,  of  the  decay  of  trade, 
ascribing  it  principally  to  the  inhabitants  of  the  island 
of  Bermuda,  who  had  become  the  common  carriers  of 
the  colony,  and  thereby  discouraged  ship  building.  He 
stated  that  flour,  our  staple  commodity^  had  lost 
its  reputation  for  the  want  of  proper  and  strict  inspec- 
tion laws.  He  recomtnended  the  laying  a  duty  of  t^^n- 
nage  on  foreign  bottoms,  and  the  passage  of  inspection 
laws.  He  urged  the  house  to  provide  for  the  further  de^ 
fence  of  the  cities  of  New-Y  ork  and  Albany,and  of  the 
town  of  Schenectady.  He  suggested  the  expediency  of 
imposing  a  duty  on  legal  proceedings  and  papers,  and 
of  discouraging  the  importation  of  negroes.  He  re- 
commended the  sending  of  smiths  and  artificers  among 
the  Indians  to  mend  their  arms.  He  stated  the  insi- 
dious efforts  which  had  been  making  by  the  French  to 
alienate  the  affections  of  the  Indians  from  the  British, 
and  the  importance  of  preserving  the  friendship  of  the 
Six  Nations.  The  house  returned  a  very  civil  answer 
to  the  governour,  filled  with  assurances  of  loyalty  and 


400 


History  of  Nerv-l  ork. 


zeal  for  the  king  and  country ;  and  immediately  after 
took  into  consideration  the  subjects  submitted  to  it.  A 
duty  of  tonnage  on  vessels  not  built  within  the  colony, 
or  wholly  owned  by  any  of  its  inhabitants,  or  by  sub- 
jects of  Great  Britain,  was  voted,  and  a  bill  directed  to 
be  prepared  for  the  purpose  ;  as  also  a  bill  to  prevent 
the  exportation  of  unmerchantable  flour.  Colonel  Phi- 
lip Schuyler,  a  very  influential  gentleman,  and  well  ac- 
quainted with  the  affairs  of  the  colony,  was  employed 
to  be  sent  among  the  Seneca  Indians  to  secure  their 
friendship  ;  and  the  sum  of  four  hundred  and  ten  pounds 
was  voted  for  this  service.  A  bill  for  fortifying  Alba- 
ny and  Schenectady  was  brought  in  and  passed.  Esti- 
mates were  submitted  to  the  house  of  the  expenses  of 
the  proposed  fortifications  at  New-York,  Albany  and 
Schenectady,  amounting  to  17,551/.  135.  Id.  The  trea- 
surer was  directed  to  report  a  state  of  the  treasury,  by 
which  it  appeared  that  but  1741/.  16s.  5d.  were  in 
his  hands  ;  arising  principally  from  the  wig  tax,  the 
excise,  and  duty  imposed  on  licenses  of  hawkers  and 
pedlers.  Complaints  were  again  made  of  the  exhorbi- 
tant  fees  received  by  the  lawyers  and  officers  of  go- 
vernment. The  bakers  in  New- York,  likewise,  com- 
plained of  the  quantities  of  bread  imported  into  the 
province  from  the  neighbouring  colonies,  and  prayed 
that  a  duty  be  laid  on  such  imported  bread. 

^  VI.  But  the  most  important  question  which  was 
agitated,  and  which,  for  many  years  before,  had  excit- 
ed great  sensation  throughout  the  colony,  was  the  esta- 
blishment of  a  court  of  equity.  The  court  party  had 
insisted  that  the  governour  was,  ex  officio^  chancellor  of 
the  colony  ;  while  the  popular  party  had  w^armly  op- 
posed this  position,  and  denied  that  such  a  com  t  could 


History  of  New- York. 


401 


exist,  unless  by  prescription  or  by  act  of  parliament. 
The  house  directed  counsel  to  be  heard  on  this  inter- 
esting subject.  Mr,  Smith,  a  lawyer  of  great  reputa- 
tion; spoke*  three  hours  before  the  house,  against  the 
clauns  of  the  court  party.  He  denied  that  the  crown 
could  by  any  grant,  commission  or  letters  patent,  erect 
a  court  of  chancery  :  that  he  had  examined  the  subject 
with  attention,  and  that  the  conclusion  he  had  drawn 
was  founded  upon  precedent  and  principle.  Mr.  Mur- 
ray, a  lawyer  of  undoubted  talents^  debated  the  ques- 
tion on  the  other  side.  He  maintained,  with  great  abil- 
ity and  ingenuity^  th^t  the  courts  of  chancery,  the 
king's  bench,  conimon  pleas,  and  exchequer,  were,  by 
the  laws  of  England,  of  original  jurisdiction,  and  as  an- 
cient as  the  kingdom  itself.  He  insisted  that  this  colo- 
ny was  entitled  to  tiie  game  privileges  and  rights,  and 
consequently,  to  tlie  same  courts.  The  discussion  was  so 
ably  supported  on  each  side,  that  the  house  did  not  come 
to  any  resolution  on  the  question.  The  governour  him- 
self had  no  doubt  of  his  right  to  act  as  chancellor,  for  he 
had  two  years  before  (March,  1732)  taken  the  oaths,  as 
such,  before  the  council.  At  the  same  time,  James  De 
Lancey  was  sworn  in  as  chief  justice,  in  place  of  Lewis 
Morris,  and  Frederick  Philipse  was  sworn  in  as  second 
justice.  The  arguments  of  Messrs.  Smith  and  Murray 
w^ere  afterwards  published  at  the  expense  of  the 
colony. 

^  Vn.  At  this  session  the  quakers  received  an  in- 
dulgence, for  which  they  had  been  struggling  for  some 
years.  Some  of  them  had  been  refused  their  votes  by 
the  sheritF  of  Westchester,  at  an  election  for  represen- 
talives,  because  they  would  not  take  the  oaths  required 

51 


402 


History  of  New- York. 


by  law.  They  complained  to  the  governour  and  co\m- 
cil,  who  referred  the  question  to  the  attorney  general. 
The  house  took  up  the  subject,  and  passed  an  act^ 
granting  to  the  people  called  quakers,  residing  in  the 
colony,  the  same  rights  and  privileges  as  were  enjoyed 
in  England  by  people  of  that  denomination. 

The  accounts  from  Europe  having  favoured  the 
opinion  of  an  approaching  rupture  between  France  and 
England,  the  assembly,  with  a  zeal  which  was  highly 
agreeable  to  the  governour,  determined  to  place  the 
colony  in  a  better  posture  of  defence,  6000/.  were 
voted  towards  fortifying  New- York ;  4000/.  for  build- 
ing a  stone  fort,  &c,  in  Albany ;  800/,  for  erecting  a 
fort  of  beams,  on  a  stone  foundation,  &c.  in  Schenecta- 
dy ;  500L  for  messengers  and  presents  &c.  to  the  Sene-- 
ca  Indians ;  and  200/,  for  the  security  of  Suffolk  coun- 
ty. Mr.  De  Lancey,  a  member  from  New- York,, 
whose  wealth  and  influence  were  extensive,  brought  in  a 
bill  for  the  frequent  meeting  and  calling  of  the  general 
assembly.  The  bill,  which  was  very  popular,  was  pass- 
ed, and  sent  to  the  governour  and  council  for  concur- 
rence ;  but  it  there  received  amendments,  which  were 
calculated  to  defeat  the  objects  of  the  bill,  and  was  not 
returned  to  the  assembly  till  some  time  after.  The 
governour  saw  in  it  the  same  spirit  which  prevailed  in 
the  time  of  the  unfortunate  Charles  I.  and  that  it  was 
an  encroachment  upon  that  prerogative,  with  whicii 
kings  and  governours  never  parted,  but  with  reluc- 
tance. The  assembly,  however,  took  no  notice  of  this 
treatment  of  one  of  their  favourite  measures,  and,  the 
harvest  approaching,  resolved  upon  an  adjournment. 
During  the  two  preceding  years  of  governour  Cosby'> 


History  of  New-York. 


administration,  several  measures  were  adopted  in  coun* 
cil,  which  marked  the  character  of  tlie  times.  Reports 
having  been  circulated  that  the  governoiir  intended  to 
take  the  Dutch  church,  in  New- York,  for  the  use  of  the 
government,  induced  the  council  to  offer  a  reward  of 
100/.  for  the  discovery  of  the  slanderer.  A  singular 
complaint  was  also  made  against  the  corporation  of  Al- 
bany, for  having  attempted  a  fraud  upon  the  Indians.''^ 
An  anonymous  letter  having  been  sent  to  James  Alex^ 
ander,  esq.  one  of  the  governour's  council,  threatening 
him  and  his  family  with  destruction,  produced  a 
proclamation,  offering  a  reward  of  50/,  for  the  ap- 
prehension of  the  offender.  In  November,  1732,  the 
council  had  directed  Rip  Van  Dam,  esq.  the  former 
president  of  the  colony,  to  be  prosecuted  for  certain 
monies  he  had  received  while  president. 

0  VIIL  The  appointment  of  an  agent  at  the  court  of 
Great  Britain,  had  always  been  a  subject  deeply  inter- 
esting to  the  assembly,  but  the  governour  and  council, 
as  the  executive  branch,  conceiving  themselves  entitled 
to  iii struct  such  agent,  from  time  to  time,  as  to  his  pro- 
ceedings in  England,  created  a  jealousy  on  the  part  of 
the  assetnbly,  that  its  conduct  and  views  were  not  fairly 
represented  to  his  majesty.  Mr.  Morris  moved  for 
leave  to  bring  in  a  bill  for  appointing  an  agent  at  the 
court  of  Great  Britain,  independent  of  the  governour. 
He  urged  the  necessity  of  the  measure  to  the  colony,  as 
tending  to  maintain  a  good  correspondence  between  it 
and  the  mother  country :  that  frequently  bills  of  the 
last  importance  had  received  the  roya]  veto,  without  be- 
i^ig  correctly  understood,  or  duly  appreciated:  that 

*  See  note  A. 


404 


Hislory  of  New-  York. 


the  cominercial  and  agricultural  concerns  of  the  colonj" 
were  not  properly  or  sufficiently  represented  to  his 
majesty  or  his  ministers  :  that  insinuations  had  gone 
-  abroad  unfavourable  to  the  loyalty  of  the  assembly, 
and  it  was  the  duty  of  the  house  to  remove  the  impres- 
sion. The  bill,  however,  was  not  brought  in  by  Mr. 
Morris  till  the  October  session  followiiig. 

^  IX.  During  the  recess  of  the  legislature,  certain 
publications  had  appeared  in  a  paper,  called  Zenger's 
IMew-York  Weekly  Journal,  which  contained  severe 
animadversions  on  the  government.  This  paper  was 
supposed  to  be  published  under  the  patronage  of  Mr, 
Van  Dam,  and  was,  of  course,  decidedly  hostile  to  the. 
court.  The  New-York  Gazette,  printed  by  William 
Bradford,  was  in  the  interest  of  the  court ;  and  these 
two  were  the  only  papers  printed  in  the  colony  at  this 
time.  Several  printed  ballads  had  likewise  appeared, 
which  placed  some  of  the  members  of  the  legislature, 
and  others,  in  a  ludicrous  point  of  view,  insomuch 
that  the  governour  and  council  considered  the  sub- 
ject w^orthy  of  notice.  They  voted,  that  Zenger's 
papers  Nos.  7,  47,  48,  49,  and  two  printed  bal- 
lads, were  derogatory  to  the  dignity  of  his  majes- 
ty's government ;  that  they  contained  reflections  up- 
on the  legislature,  and  the  most  distinguished  persons  in 
the  colony,  and  tended  to  raise  sedition  and  tumult. 
They  likewise  voted  that  the  s^id  papers  and  ballads 
should  be  burnt  by  the  common  hangman  ;  and  at  the 
opening  of  the  next  meeting  of  the  assembly,  in  Octo- 
ber, 1734,  requested  the  house  to  join  in  addressing  the 
governour  to  offer  a  reward  for  the  discovery  of  the 
authors  or  writers  of  these  seditious  libels.    The  as- 


History  of  New-York. 


senibly  passed  over  the  application  in  silence.  Some 
of  its  most  active  members  were  supposed  to  liave  fa- 
voured these  attacks,  if  not  to  have  written  the  papers 
in  question.  The  governour  and  council  took  um- 
brage at  this  unwillingness  of  the  house  ;  and  shortly 
after  requested  it  to  return  to  the  council  the  papers 
containing  the  offensive  publications.  The  house,  \vith 
much  sangfroid,  ordered  the  clerk  to  produce  the  pa- 
pers, and  the  speaker  returned  them  to  the  council. 
Tlie  attorney  general  afterwards  filed  an  information 
against  Zenger  for  these  libels,  upon  which  he  w^as  ac- 
quitted, after  having  laid  in  prison  eight  months.  His 
acquittal  was  generally  satisfactory.  The  common 
council  of  New^-York,  for  "  his  learned  and  generous 
defence  of  the  rights  of  mankind  and  the  liberty 
of  the  press,"  presented  i\Ir.  Andrew  Hamilton, 
one  of  Zenger's  counsel,  with  the  freedom  of  thc^. 
city,  and  their  thanks  for  his  distinguished  services  on 
this  occasion-  The  freedom  of  the  city  was  presented 
in  a  gold  box  weighing  five  and  an  half  ounces.  On 
the  lid  of  the  box  was  engraved  the  arms  of  the  city, 
with  this  motto,  "  Demersce  leges-timefada  libertas-hac 
tandem  emergunt''  On  the  lid  within,  "  Non  nummis — 
virtute  paratur^  Round  the  box,  a  part  of  TuUy's 
wish,  "  Ita  cuique  eveniat,  id  de  respuhlica  mernUr^ 

^  X.  The  British  ministry  had  long  foreseen  the  im- 
portance of  the  colonies  to  the  empire,  in  furnishing 
stores  for  the  support  of  its  navy.  Nevertheless  they 
did  not  wish  to  encourage  a  colonial  trade,  which  might 
prejudice  the  extensive  commerce  of  the  English  mer- 
ctiants.    The  lords  commissioners  for  trade  and  planta- 


For  some  interesting  matter  in  relation  to  Zenger,  see  note  B. 


4P6 


History  of  New-  York. 


tions,  not  safficiently  acquainted  with  the  naUue  of  the 
colonial  trade,  requested  the  governour,  by  letter,  dat- 
ed ]\Iay  30,  1731,  to  transfnit  bis  opinion  what  further 
encouragement  might  be  given  to  induce  the  colonists 
to  apply  their  attention  to  the  cultivation  of  naval 
stores  of  all  kinds ;  but  cautiously  added,  so  as  not 
to  interfere  with  the  trade  or  product  of  Great  Bri- 
tain/'   The  jealousy  of  the  British  government,  even 
at  this  early  day,  was  apparent.    They  could  not  brook 
a  rivalship  in  commerce,  and  however  important  the 
trade  of  the  colonies  was  to  the  mother  country,  it 
was  to  be  merely  tributary  to  her  prosperity  and  splen- 
dour.   The  governour  laid  the  letter  before  the  house 
at  its  October  session,  which,  after  gravely  resolving  to- 
take  the  subject  into  consideration,  returned  the  origin- 
al letter  to  the  governour,  and  took  no  further  order 
upon  it. 

^XI.  The  assembly  now  resolved  itself  into  a  com- 
mittee  of  ways  and  meanSy  towards  fortifying  the  colo- 
ny. A  duty  of  a  shilling  on  every  pound  of  teuy  and 
every  barrel  of  cider ;  three  shillings  on  every  barrel 
of  pork;  two  shillings  on  every  barrel  of  beef,  import- 
ed into  the  colony,  was  voted  by  the  house.  An  annual 
tax  of  one  shilling  was  also  imposed  on  every  slave 
throughout  the  colony.  Twelve  thousand  pounds,  iit 
bills  of  credit,  were  ordered  to  be  issued,  redeemable 
out  of  the  before  mentioned  duties,  when  collected,  and 
which  fund  was  made  chargeable  therewith.  A  bill,  for 
further  regulating  the  militia,  Vv^as  brought  in  and  pass-^ 
ed.  A  bill  for  the  frequent  electing  and  calling  the 
general  assembly,  was  passed  by  the  house,  but  the 
governour  and  council  having  clogged  it  with  amend- 
ments unfriendly  to  the  principle  of  the  bill,  and  refus- 


History  oj  Nerv-Yorli:. 


407 


iiig  to  recede,  the  bill  was  lost.  The  bill,  brought  in 
by  Mr.  Morris,  to  appoint  an  agent  at  the  court  of 
Great  Britain,  independent  of  the  governour,  shared 
the  same  fate.  Notwithstanding  the  hostility  of  the 
court  party  to  any  measure  which  appeared  to  be  cal- 
culated for  the  public  good,  yet  the  house,  with  a  zeal 
and  patriotism  highly  honourable  to  it,  adopted  every 
measure  suggested  for  the  defence  of  the  colony,  and 
willingly  imposed  heavy  burthens  on  its  constituents  to 
promote  this  object. 

^  XII.*  Nor  could  it  be  justly  chargeable  with  a  de* 
sire  to  continue  its  authority.  It  earnestly  prayed  the 
governour  to  be  dissolved  so  as  to  enable  its  constitu- 
ents to  signify,  by  the  elective  franchise,  their  opinion 
of  the  measures  it  had  pursued.  But  the  governour 
too  well  knew  the  value  of  the  present  assembly.  He 
had  seen  that  that  body  had  not  refused,  under  any  cir-^ 
eumstances,  however  mortifying,  to  give  its  aid  to  the 
desires  of  the  British  ministry,  in  providing  for  the  de- 
fence of  the  colony.  He  feared,  likewise,  that  the  peo- 
ple were  not  disposed  to  increase  their  burthens  to  grat- 
ify the  ambition  of  kings  and  ministers,  nor  were  even 
willing  to  submit,  with  patience,  to  the  present  system  of 
taxation,  which  they  apprehended  was  becoming  daily 
more  gigantic  and  oppressive.  He  told  the  house, 
that  if  was  the  undoubted  prerogative  of  the  crown  to 
adjourn,  prorogue,  or  dissolve  the  assembly*  That  he, 
being  entrusted  by  his  majesty  with  that  power,  would 
exercise  it  only  as  he  should  find  it  conducive  to  his 
majesty's  service,  and  the  benefit  of  the  colony,  and 
added,  "  which  I  cannot  apprehend  it  to  be  at  this 
time."  The  assembly,  therefore,  by  the  consent  of  the 
governour,  adjourned  itself. 


408 


History  of  New- York. 


^  Xllh  The  measures  of  the  governour  were  daily 
becoming  more  odious.     A  strong  party  was  form- 
ing to  excite  the  people  to  opposition.  Lampoons 
and  ballads  were  published,  shewing  ,  the   evil  ten- 
dency of  preserving,  for  so  many  years,  the  same  body 
of  men  in  the  assembly,  witliout  permitting  the  people 
to  express  their  opinions  by  an  election.    That  the 
heavy  burthens  laid  upon  the  colony  were  to  pamper 
the  great  and  wealthy>  at  the  expense  of  the  agricultu- 
ral and  commercial  part  of  the  community.  That 
trade  was  languishing,  and  in  proportion  as  cQOimerce 
decreased,  taxes  were   increasing.    Meanwhile,  the 
governour  and  council  were  content  in  being  censured 
by  the  people,  provided  they  could  influence  the  assem- 
bly to  be  subservient  to  the  views  of  government.  The 
liberal  supplies  that  had  been  granted,  were  sufficient 
to  gratify  the  wishes  of  the  governour,  and  he  suffer- 
ed the  assembly  to  remain  without  being  again  called 
for  near  a  twelve  month.    But  the  difficulties  in  Europe 
and  the  Indian  affairs  at  home,  became  too  urgent  for 
further  delay.    The  governour  was  importuned  to  con- 
vene the  legislature.    He  had,  during  the  last  twelve 
month,  been  personally  present  at  conferences  with  the 
Six  Nations  of  Indians,  at  Albany,  to  renew  the  cove- 
nant chain.    He  had  likewise  caused  the  garrison  at 
Oswego  to  be  well  supplied,  and  he  laid  before  the 
house,  which  met  in  October,  1735,  the  information 
he  had  received,  and  requested  the  assembly  to  take 
these  matters  into  consideration,  and  to  provide  for  the 
further  encouragement  of  trade.     A  complaint  was 
made  to  the  house,  by  the  proprietors  of  land  taken  out 
of  Connecticut,  that  a  bill  had  been  preferred  to  the 
governour,  a^s  chancellor,  to  vacate  a  patent  issued  un- 


History  of  New-YorK. 


40& 


def  the  seal  of  the  colony,  for  fifty  thousand  acres  of  land* 
This  complaint  was  referred  to  the  committee  of  grie- 
vances. Mr.  Garretson,  a  member  from  King's  coun- 
ty, and  chairman  of  that  committee,  reported,  that  a 
Court  of  chancery,  within  this  colony,  in  the  hands  or 
under  the  exercise  of  a  governour,  without  consent  in 
general  assembly,  was  contrary  to  law,  unwarrantable 
and  of  dangerous  consequence  to  the  liberties  and  pro- 
perty of  the  people.  An  animated  discussion  again  ensu- 
ed. The  printed  arguments  of  Messrs.  Smith  and  Murray, 
on  the  same  subject,  were  resorted  to ;  but  the  house  at 
length  concurred  with  the  committee  in  their  report; 
Mr.  Van  Horne,  a  member  from  New- York,  presented 
a  petition  from  a  great  number  of  the  inhabitants  of  the 
city  of  New- York,  praying  that  the  house  might  re- 
quest the  governour  to  cause  it  to  be  dissolved o  The  peti- 
tioners remonstrated  against  the  long  continuance  of  the 
same  members  in  power.  That  this  w^as  a  serious  grie- 
vance to  the  colony  :  That  frequent  electibns  were 
valuable  to  a  free  people,  and  that  this  privilege  ought 
not  to  be  yielded.  The  house  unanimously  voted  that 
it  was  their  desire  to  be  dissolved^  and  sent  a  copy  of 
the  vote  and  of  the  petition  to  the  governour.  A  simi- 
lar petition  from  some  of  the  inhabitants  of  Q^ueen's 
county,  ascribing  the  decay  of  trade^^  and  the  lessening 
of  the  value  of  lands,  to  the  long  continuance  of  the 
assembly,  was  voted  to  be  an  unjust  and  audacious 
charge,  highly  reflecting  on  the  house-  The  governoiu' 
refused  to  dissolve  the  assembly,  and  told  the  house 
that  it  ought  to  make  provision  for  the  deficiency  which 
appeared  in  the  treasurer's  report,  and  that  this  was  due 
to  the  honour  of  the  house.  The  assembly,  notwithstand- 
ing this  demand  of  the  governour.  deemed  the  present: 

52 


410 


History  of  Nerv-  York. 


time  unfit  io  make  the  necessary  provision,  and,  by  the? 
governour's  assent,  adjourned  to  the  last  Tuesday  of 
BJarch,  1736. 

^  XIV.  A  mono;  the  last  acts  of  goyernour  Cosby, 
was  his  declaring  Rip  Van  Dam,  esq.  suspended  from 
his  seat  as  counsellor  of  the  province.  Van  Dam  was 
senior  counsellor,  and  as  such,  upon  the  governour's 
demise,  would  again  have  succeeded  to  the  government 
as  president  of  the  colony.  To  prevent  this,  Cosby 
convened  the  council  in  bis  bed  chamber,  and  declared 
Van  Dam  to  be  suspended.  No  reason  was  given  for 
this  act  at  the  time.  It  is  probable  that  Cosby's  partial- 
ity to  George  Clarke,  the  counsellor  next  in  seniority  to 
Van  Dam,  and  the  controversy  between  the  council 
and  Van  Dam,  in  respect  to  certain  monies  he  had  be- 
fore received,  while  president,  produced  this  violent  and 
extraordinary  measure,  the  effects  of  which  were  expe- 
rienced even  in  the  succeeding  admiidstration. 

^  XV.  Governour  Cosby  died  on  the  7th  March^ 
173f>6. 

Thus  ended  an  administration  in  which  there  was 
son)ething  to  admire  and  much  to  condemn.  In  re- 
viewing the  character  of  Cosby,  we  cannot  but  perceive 
bis  decided  hostility  to  the  elective  franchise,  and  his 
utter  contempt  for  the  opinions  of  the  people.  No 
g(;vernour  commenced  an  administration  with  better 
prospects,  and  greater  popularity.  Yet  none  endea- 
voured less  to  retain  the  confidence  and  respect  of  the 
people  than  himself.  He  continued  an  assembly  for  six 
years;  resisting  every  effort  which  was  made  for  another 
election,  and  refusing  to  assent  to  a  bill  for  the  frequent 
electing  and  calling  of  the  legislature,  without  such 
amendments  as  would  defeat  the  object  intended*  With 


History  of  New-Yorh 


411 


high  opinions  of  prerogative  and  decided  hostility  to  free 
and  equal  legislation,  he  became  at  length  odious  to  the 
colony,  and  even  many  of  his  best  friends  had  deserted 
him.  Yet  at  the  same  time,  it  must  be  acknowledged, 
he  possessed  many  good  and  amiable  qualities*  He 
\  was  affable  and  courteous  in  his  deportment;  honest  and 
sincere  in  all  his  private  transactions.  Though  not  pos- 
sessed of  talents,  either  splendid  or  great,  yet  he  was 
attentive  to  the  concerns  of  the  colony,  and  to  the  fair 
and  impartial  administration  of  justice  within  it? 


HISTORY  OF  I^EW-YORK. 


PART  VIIL 

From  the  year  1736  to  the  year  1738,  inclusive..,  Jnclud- 
ing  part  of  L  ieid.  Governour  darkens  Administratmi, 


§  I  Geoi'ge  Clarke  declared  president,  and  Rip  Vaa  Dam's  opposition. 
§  II.  Van  Dam  declares  himself  president ;  the  assembly  convened ; 
Clarke  appointed  lieutenant  governour.  §  III.  Proceedings  of  the 
assembly,  and  its  dissolution.  §  IV,  New  elections  for  members. 
§  V.  Session  opened,  §  VI.  Assembly  address  the  lieutenant  go- 
vernour. §  VII.  Features  of  the  address.  VIII.  Contested  elec- 
tions ;  vote  relating  to  the  Jews.  §  IX.  Taxes  voted.  §  X.  Ad- 
journment, prorogation,  and  second  meeting.  §  XI.  Rupture  between 
the  legislature  and  the  lieutenant  governour  ;  dissolution  of  the 
housco 


Upon  the  death  of  governour  Cosby,  the  council 
were  immediately  convened.  The  question  was  pro- 
posed whether  George  Clarke,  the  senior  counsellor^ 
next  after  Rip  Van  Dam,  should  be  considered  presi- 
dent  of  the  colony.  Every  member,  with  the  excep- 
tion of  James  Alexander,  esq.  voted  in  the  affirmative. 
Mr.  Clarke  was  accordingly  declared  president,  and  took 
upon  himself  the  administration  of  the  government. 
A  powerful  party,  however,  had  been  formed  in  favour 
of  Mr.  Van  Dam.  His  suspension  from  the  count^iL 
by  governour  Cosby,  was  declared  to  be  arbitrary  and 
illegal :  That  the  instructions  from  the  crown  did  not 
authorize  such  a  violent  proceeding:  That  Mr,  Van 


414 


History  of  New-  York. 


Dam  should  have  been  summoned,  previous  to  his  sus^ 
pension,  in  order  to  defend  himself  against  any  charges 
that  might  have  been  preferred  against  him.  There 
was  undoubtedly  much  weight  in  the  reasoning  adopted 
by  the  friends  and  adherents  of  Mr.  Van  Davn,  Justice 
required  that  the  charges  against  him  should  have  been 
fairly  investigated  before  he  was  dismissed,   Mr.  Clarke 
directed  the  council  to  be  convened.    He  laid  before 
it  a  part  of  his  majesty's  instructions,  which  related  to 
the  power  of  suspension.    By  these  it  appeared  that 
the  governour  possessed  the  power  to  suspend  any 
counsellor  who  had  wilfully  and  unreasonably  absented 
himself  from  its  meetings,  and  should  persist  therein,  af- 
ter being  admonished  to  the  contrary.    But  yet  it  did 
not  appear  that  the  late  governour  had  proceeded  on  that 
ground.    He  had  declared  to  the  council  that  the  rea« 
sons  which  induced  him  to  suspend  Mr.  Yan  Dam, 
would  in  due  season  be  laid  before  his  majesty,  but  Mr. 
Van  Dam's  absence  from  the  council  was  not  even  sug- 
gested to  be  one  of  them.    Indeed,  so  long  as  Mr. 
Van  Dam  remained  in  the  colony  he  could  hardly  be 
adjudged  guilty  of  wilfully  and  unreasonably  absenting 
himself  from  the  council,  till  he  was  requested  to  shew 
cause  for  such  absence,  and  was  heard  in  his  defence. 
Nor  was  a  suspension  merely  to  be  considered  as  a  to- 
tal exclusion,  until  the  king^s  approbation  was  obtained* 
But  the  council  were  opposed  to  the  views  of  Mr.  Van 
Dam,    They  voted  that  provision  should  be  made 
against  any  riots  or  disturbance  that  might  ensue.  Or- 
ders were  issued,  forbidding  any  person  recognizing  the 
pretensions  of  Mr.  Van  Dam.   A  large  quantity  of 
gunpowder  was  directed  to  be  procured  and  to  be  plac* 
ed  in  the  fort  for  its  defence. 


tJislory  of  Kerv^Yorh 


415 


f  TT.  Mr.  Van  Dam,  however,  was  not  deterred 
by  the  menacing   attitude  of  affairs  ;  he  proceeded 
to  call  the  council,  and  assumed  the  title  of  command- 
er in  chief  and  president  of  the  colony.    He  appoint- 
ed several  of  the  charter  officers  of  the  city  of  New- 
York,^  and  was  about   to  exercise  other  powers. 
Incident  to  the  office  he  assumed.    Mr.  Clarke,  by  the 
advice  of  the  council,  all  of  whom,  except  Mr.  Alex- 
ander, had  adhered  to  liis  authority,  thought  proper  to 
convene  the  assembly.    That  body  accordingly  met  on 
the  13th  October,  1736.  Mr.  Clarke  opened  the  session 
by  a  speech.    He  told  the  house  that  unhappy  divisions 
had  arisen  in  the  colony,  and  strongly  recommended 
the  legislature  to  provide  for  the  defence,  the  safety  and 
prosperity  of  the  colony.    He  directed  its  attention  to 
the  deficiencies  in  the  revenue,  and  to  the  importance 
of  promoting  ship  building.    He  wished  the  house  to 
provide  for  the  finishing  of  the  fortifications  already  set 
on  foot,  and  particularly  Fort  Hunter,  which  he  repre- 
sented to  be  in  a  ruinous  condition,  and  the  house  at 
Oswego,  which  was  in  want  of  repairs.    He  stated  that 
persons  ought  to  be  sent  to  the  Seneca  Indians,  to  se- 
cure their  fidelity,  and  to  make  them  suitable  presents. 
He  entreated  the  house  to  be  moderate  in  its  debates^, 
and  to  make  things  of  a  private  or  inferiour  nature  to 
yield  to  those  of  a  publick  and  important  description. 
The  house,  without  any  difficulty,  recognized  Mr. 
Clarke  as  president  of  the  colony.    It  is  probable  that 
this  acquiescence  was  produced  by  accounts  from  Eng- 
land, stating  that  Mr.  Clarke  would  be  appointed 
lieutenant  governour ;  for,  on  the  30th  of  the  same 


?ee  note 


416 


History  oj  New- York. 


month  of  October,  his  commission,  dated  on  the  30tfi 
of  July  preceding,  was  received  and  published  with  the 
solemnities  common  to  the  occasion.  This  event  put 
an  end  to  the  claims  of  Mr.  Van  Dam  to  the  adminis- 
tration of  the  government. 

^  III.  Few  matters  of  moment  were  acted  upon  by 
the  house  at  this  session.  A  complimentary  address 
was  voted  to  the  king,  on  the  marriage  of  the  prince  of 
Wales,  with  the  princess  of  Saxe-Gotha.  CoL  Morris 
again  introduced  a  bill  for  the  better  regulating  the  elec- 
tions of  members  to  serve  in  the  general  assembly^  with 
the  additional  clause  of  preventing  any  member  from 
accepting  any  office  of  profit  after  his  election.  This 
bill  met  with  violent  opposition.  The  disabling  clause 
was  particularly  obnoxious  to  some  of  the  members  who 
held  offices  under  the  crown,  and  to  others  who  were 
expectants  of  office.  Upon  a  motion  made  to  commit 
the  bill,  a  majority  voted  in  the  negative,  and  the  bill 
was  rejected.  Colonel  Morris,  with  a  perseverance 
highly  honourable  to  his  character  and  views,  immedi- 
ately moved  for  leave  to  bring  in  another  bill  for  regu- 
lating the  election  of  members  to  serve  in  the  general 
assembly.  The  house  then  proceeded  to  examine  the 
state  of  the  treasury.  By  the  treasurer's  accounts  it 
appeared  that  warrants  on  the  treasury  for  the  sum  of 
8697/.  135.  8(7.  remained  unpaid.  The  house  voted  that 
it  would  raise  ways  and  means  for  supplying  6022/.  12^. 
7^d.  only,  but  expressly  limited  the  revenue  so  to  be 
raised  to  the  specifick  deficiencies  reported  to  the  house, 
so  as  to  prevent  any  misapplication  of  it  by  the  lieute- 
nant governour  and  council.  This  vote  was  so  offensive 
to  the  lieutenant  governour,  that  he  immediately  dis- 
splved  the  house.   He  told  the  assembly  that  it  had 


History  of  New-York. 


417 


Violated  its  solemn  promises  to  make  good  the  deficien- 
cy in  the  revenue  :  That  it  had  passed  resolves  highly 
derogatory  to  his  majesty's  honour  and  prerogative,  and 
that  he  would  suffer  the  people  to  make  another  elec- 
tion. Thus  an  assembly,  which  had  continued  its  ses- 
sions for  nearly  nine  years>  without  any  intermediate 
election,  became  dissolved.  Its  continuance  so  long  is 
a  strong  evidence  that  a  majority  of  that  body  had  been 
devoted  to  the  views  and  interests  of  the  court.  Taxa- 
tion had  been  lavishly  imposed,  laws  for  supporting  the 
revenue,  for  building  fortifications^  and  for  making 
treaties  with  the  Indians,  had  been  almost  constantly  the 
subjects  of  their  deliberation.  Yet,  during  this  period^ 
many  laws,  for  encouraging  trade,  promoting  literaturci 
establishing  courts  of  justice,  &c.  were  likewise  passed* 

^  IV.  The  dissolution  of  this  assembly  was  generally 
satisfactory  to  the  colony.  Few  of  its  members  were  re- 
elected, and  of  those  few,  the  greater  number  belonged 
to  the  popular  party.  The  new  elections  for  represen- 
tatives now  commenced.  Great  exertions  were  ma  le^^ 
by  the  contending  parties,  for  success.  In  the  city  of 
New- York,  and  which,  indeed,  gave  a  tone  to  all  the  oth^ 
er  elections  in  the  colony,  the  popular  party  was  tri- 
umphant. James  Alexander,  esq.  who  had  so  firmly 
adhered  to  Rip  Van  Dam,  in  his  struggle  for  the  presi-^ 
dency  after  the  death  of  governour  Cosby,  was  elected 
a  member  for  that  city.  Colonel  Lewis  Morris,  junior, 
so  well  known  for  his  decided  opposition  to  the  court> 
w  as  again  sent  a  member  from  Westchester. 

^  V.  The  lieutenant  governour  determined  to  con- 
ceal his  chagrin  and  regret  at  the  result  of  this  elec- 
tion, and  to  endeavour  to  gain  of  the  assembly  by  com- 
plaisance and  persuasion,  what  he  knew  could  not  b& 


418 


History  of  Nerv-TorJc. 


accomplished  by  menaces  or  coercion.  He  opened  ttie 
new  sessicm,  on  the  15th  June,  1737,  by  complimenting 
the  choice  of  members  which  the  people  had  made,  and 
telling  the  house  that  he  was  persuaded  it  came  "  with 
resolutions  to  answer  the  great  ends  of  their  election/' 
He  stated  that  the  approaching  harvest  forbade  him 
from  expecting  much  business  now  to  be  done,  and  that 
he  would  avail  himself  of  that  opportunity  to  meet  the 
Six  Nations  of  Indians  at  Albany,  to  renew  the  cove- 
nant chain,  and  to  endeavour  to  prevail  with  the  Seneca 
tribe  to  revoke  the  consent  they  had  unadvisedly  given 
to  one  John  Coeur,  a  Frenchman,  from  Canada,  to 
build  a  house  in  their  territory,  at  Tierondequat.^  He 
represented  that  place  to  be  very  important,  as  it  re- 
garded the  fur  trade,  and  that,  if  it  were  possessed  by 
the  French,  it  would  enable  them  to  intercept  all  the 
western  fur  in  its  way  to  Oswego,  The  house,  in  its 
answer,  assured  the  governour  that  in  its  opinion  the 
dissolution  of  the  late  assembly  was  necessary  to  his 
majesty's  honour,  and  to  the  interest  and  prosperity  of 
the  colony ;  and  that  the  present  assembly  would  so 
conduct  itself  as  to  give  the  people  "  no  reason  to  re-^ 
pent  of  their  choice."  Colonel  Morris  immediately  af- 
ter moved  for,  and  obtained,  leave  to  bring  in  bills  to 
regulate  the  elections  of  the  assembly,  and  providing 
likewise  for  frequent  elections  ;  for  settling  and  estab- 
lishing courts  of  justice  ;  for  appointing  an  agent  at  the 
court  of  Great  Britain,  independent  of  the  governour ; 
for  lowering  the  interest  of  money,  and  for  regulating 
and  establishing  fees.   Mr.  Alexander  obtained  like 

*  Now  in  the  county  of  Ontario,  situated  on  the  lake  of  that  name^ 
and  about  sixty  miles  from  Oswego. 


History  of  New-York.  419 

leave  to  bring  in  bills  to  encourage  the  importation  of 
white  people  and  servants  into  the  colony ;  for  encour- 
aging the  making  of  iron,  and  raising  of  hemp ;  and  for 
guarding  against  abuses  in  the  making  and  exportation 
of  flour.  The  assembly  then  adjourned,  in  order  to 
enable  the  lieutenant  governour  to  go  to  Albany  for 
the  purposes  he  had  mentioned.  On  the  2d  September 
ensuing,  the  house  again  met.  The  lieutenant  gover- 
nour, in  his  speech,  informed  the*  assembly  that  he  had 
been  at  Albany,  and  had  sent  an  interpreter,  a  smith;, 
and  three  other  persons,  to  reside  among  the  Senecas 
the  ensuing  year,  to  keep  the  Indians  steady  to  their 
promise,  not  to  suffer  any  Frenchman  to  build  on  their 
territory.  He  recommended  the  assembly  to  place  the 
house  at  Oswego,  the  barracks  at  Fort  George  and  Fort 
Hunter,  in  a  better  state  of  repair ;  and  concluded  by 
assuring  the  house  that  he  would  concur  in  any  mea- 
sures necessary  for  the  safety  and  prosperity  of  thecolo- 

^  YL  The  house,  departing  from  its  accustomed 
mode  of  proceeding,  instead  of  voting  to  take  the  lieu- 
tenant governour's  speech  into  consideration,  voted 
"  that  his  honour  the  lieutenant  governour  be  address- 
ed." The  members  from  New-York,  Westchester,  and 
dueens,  were  directed  to  prepare  such  address.  Mr. 
Alexander  then  njoved  to  bring  in  a  bill  vacating  the 
seats  of  such  members  of  the  assembly  as  should  accept 
of  any  office,  gift,  or  grant  from  the  governour  or  com- 
mander in  chief.  Five  days  after  the  commencement 
of  the  session,  the  address  to  the  lieutenant  governour 
was  reported,  and  adopted  without  amendment.  This 
address  is  worthy  of  particular  notice.  It  forins  an  era 
in  the  history  of  our  legislation^  which  is  highly  iiupor- 


420 


History  of  New-York. 


tant.  Hitherto  the  crown  and  its  ministers  had  been 
ignorant  of  the  true  sentiments  of  the  people,  and  the 
firm  and  independent  conduct  of  their  representatives. 
The  governours  of  the  colony  had  not  unfrequently  led 
the  ministry  to  believe  that  the  assembly  was  a  body  of 
men  ignorant  of  legislation,  boisterous  on  some  occa« 
sions,  but  easily  soothed  or  fatigued  into  compliance. 
The  government  had  yet  to  learn  that  there  were  men 
in  this  colony,  whose  lirmness  and  patriotism  would 
have  done  honour  to  the  best  days  of  Greece  and 
Rome. 

$  VII.  The  address  is  as  remarkable  for  its  style  as 
for  its  matter.  It  commences  with  recognizing  some  of 
the  vital  principles  of  a  good  government.  It  affirms 
that  none  ought  to  n  present  the  people  but  those  who 
are  freely  and  fairly  chosen  by  them.  That  elections 
ought  to  be  frequent,  that  experience  had  shewn  the 
danger  of  trusting  the  same  men  too  long  with  power: 
That  the  history  of  England  proved  that  intrigues  and 
c*>rruption  would  inevitably  destroy  any  government ; 
and  in  fine,  that  proper  checks  and  balances  were  neces- 
sary for  the  preservation  of  the  liberty  and  happiness 
of  any  country.  One  sentence  in  the  address  de- 
serves to  be  quoted.  In  speaking  on  the  subject  of 
the  revenue,  the  house  adopt  this  bold  and  energetic 
language.^ 

The  true  causes  of  the  deficiency  in  the  revenue, 
we  believe,  are  too  well  known  to  your  honour,  to 
make  it  necessary  for  us  to  say  much  on  that  head ; 
Lad  the  conspicuous  loyalty  of  the  inhabitants  of  this 

*  Smith,  see  pao:e  369,  gives  the  same  extract.  It  could  not,  hoWf 
ever,  io  the  order  of  time,  be  properly  omitted  here* 


History  of  Nerv-YorJc. 


421 


province,  met  with  a  suitable  treatment  in  return,  it  is 
not  unlikely,  that  we  should  now  be  weak  enough  to  act 
like  others  before  us,  in  being  lavish  beyond  our  abili- 
ties, and  raising  sums  unnecessary  to  be  given,  and  con- 
tinued the  donation,  like  them,  for  a  longer  time,  than 
what  was  convenient  for  the  safety  of  the  inhabitants  ; 
but  experience  has  shewn  the  imprudence  of  such  a 
conduct,  and  the  miserable  condition  to  which  the  pro- 
vince is  reduced,  renders  the  raising  of  large  sums  very 
difficult,  if  not  impracticable  ;  we  therefore  beg  leave  to 
be  plain  nith  ymir  honour ^  and  hope  you  n  ill  not  take  it 
amiss y  n  hen  we  tell  you^  that  you  are  not  to  expect y  that  we 
either  will  raise  sums  unfit  to  be  raised^  or  put  what  we 
shall  raise,  into  the  power  of  a  governour  to  misapply y  if 
we  can  prevent  it ;  nor  shall  n  e  make  up  any  other  defi- 
eiencieSy  than  what  we  conceive  are  fit  and  just  to  be  paidy 
or  continue  what  support  or  revenue  we  shall  raise  for  any 
longer  time  than  one  year,  nor  do  we  think  it  convenient  to 
do  even  thaty  until  such  laws  are  passedy  as  7ve  conceive  ne- 
cessary for  the  safety  of  the  inhabitants  of  this  colony y 
who  have  reposed  a  trust  in  uSy  for  that  only  purposcy  and 
which  we  are  sure  you  will  think  it  reasonablcy  we  should 
act  agreeable  tOy  and  by  the  grace  of  Gody  n  e  shall  en- 
deavour not  to  deceive  them'^ 

The  assembly,  in  the  address,  took  a  general  view  of 
the  colonial  affairs.  It  adverted  to  the  importance  of 
having  an  agent  at  the  court  of  Great  Britain,  to  be  ap- 
pointed and  paid  by  the  house.  It  complained  of  the 
court  of  chancery  not  being  regulated  by  law;  that 
under  governour  Sloughter,  in  1691,  that  court  was  es- 
tablished by  .  an  act  of  the  general  assembly,  yet  that 
since  that  time  governours  had  "  erected  that  court  by 
an  ordinance  of  themselves  and  council."    "  That  they 


422 


History  oj  New-YorJc. 


could  not  be  ignorant  what  dissatisfaction  the  erection 
of  a  court  of  chancery,  in  that  manner,  gave  to  the 
generality  of  the  people/*  That  the  governours  had 
treated  the  assembly  with  "  unreasonable  disregard  and 
contempt/'  That  some  of  the  governours  were  wholly 
unfit  for  the  duties  of  chancellor,  or  any  other  station^ 
though  "  buoyed  up  and  bloated  with  the  fulsome  ad- 
dresses and  servile  flatteries  of  the  instruments  of  their 
misrule  and  oppression/'  In  fine,  the  whole  address  is 
a  production  honourable  to  the  times  in  which  it  was 
formed,  and  evinces  the  proud,  unbroken  spirit  of  the 
colonists,  incapable  of  being  soothed  or  awed  into  sub- 
mission, by  the  arts  or  power  of  their  rulers.  The 
lieutenant  governour  was  not  disposed  to  resist  such  a 
formidable  combination.  He  thanked  the  house  for  itB 
address,  and  assured  it  of  his  cordial  co-operation  in 
Ivhatever  was  necessary  for  the  good  of  the  colony. 

^  VIIL  The  assembly  were  now  engaged  in  the  dis- 
x^ussion  of  contested  elections,  and  undue  returns  made 
by  the  sheriffs.  Mr.  Cornelius  Van  Home  prayed  to 
be  heard  before  the  house  as  to  his  claim  to  a  seat  there- 
in, against  Adolph  Philipse,  the  member  returned  as 
elected.  The  house  voted  that  neither  Mr.  Philipse 
nor  Mr.  Van  Home  should  be  entitled  to  a  seat,  until 
their  respective  claims  were  investigated.  A  scrutiny 
was  demanded  and  obtained,  and  upon  this  question  a 
division  was  called  and  the  house  stood  sixteen  to  eight, 
Lt  t  it  be  here  remarked  that  this  is  ihe^first  division,  in 
which  the  names  of  the  members  voting  on  each  side, 
were  entered  on  the  journals  of  the  house.  After  this 
period  the  practice  became  more  common.  It  was  like- 
wise resolved,  in  the  case  of  Mr.  Alexander,  that  if  he 
should  act  as  a  counsellor,  dming  the  continuance  of 


History  of  New-York. 


423 


the  assembly,  that  it  would  be  a  sufficient  reason  for 
expelling  him  from  the  house.  The  elections  of  colo- 
nel Frederick  Philipse,  a  member  from  Westchester, 
and  colonel  Gaasbeeck  Chambers,  a  member  from  Ul- 
ster, were  also  contested,  but  without  success*  The 
house  came  to  a  remarkable  decision  relative  to  the 
Jews.  It  resolved  that  none  of  the  Jewish  profession 
could  either  vote  for  representatives,  nor  could  be  ad- 
mitted as  witnesses  touching  any  contested  elections. 
The  Catholicks  and  the  Jews,  had  long  been  peculiarly 
obnoxious  to  the  colonists.  The  first  settlers  being 
Dutch,  and  mostly  of  the  Reformed  Protestant  Reli- 
gion, and  the  migrations  from  England,  since  the  colony 
had  belonged  to  the  crown,  being  principally  Episcopal, 
both  united  in  their  aversion  to  the  Catholicks  and  Jews. 
Mr.  Adolph  Philipse  at  length  succeeded,  and  retain- 
ed his  seat  in  the  house.  A  bill  to  appoint  an  agent  at 
the  court  of  Great  Britain,  and  to  be  paid  by  the  as- 
sembly, was  brought  in  and  speedily  passed  through  the 
house.  This  bill,  as  usual,  was  resisted  by  the  coun- 
cil, and  the  amendments  proposed  by  that  body,  not 
being  agreeable  to  the  assembly,  it  was  lost.  The 
assembly,  in  consequence  of  what  it  deemed  the  unpar- 
liamentary conduct  of  the  council,  refused  to  receive 
any  messages  by  the  clerk  of  that  body,  insisting  that 
they  ought  to  be  delivered  by  the  hands  of  one  of  the 
council.  The  house  ordered  colonel  Philipse,  Mr.  Ver- 
plank,  and  Mr.  Johnson,  to  "  deliver  a  message  to  the 
council  signifying  that  the  house  desires  satisfactiort 
from  the  council,  concerning  the  said  innovation,  which 
the  house  conceives  is  to  the  prejudice  and  derogation 
of  the  liberty  of  the  general  assembly  of  this  colony." 
This  vote  indicates  the  bold  and  determined  attitude  of 


424 


History  of  Nerv-Yorh 


the  assembly  ;  its  consciousness  of  the  power  Avith  which 
it  was  vested,  and  its  resolution  to  resist  the  least  in- 
fringement of  its  rights*  The  governour  and  council 
were  not  disposed  to  provoke  this  spiiit  of  the  h(  use, 
and  prudently  forebore  from  a  repetition  of  the  irregu- 
larity complained  of,  and  so  the  alfair  dropped. 

^  IX.    The  house^  in  committee  of  ways  and  means, 
voted  a  tax  on  the  following  articles  imported  into  the 
colony  during  the  preceding  year :  Forty  shillings  on 
each  slave  imported  direct  from  Africa,  and  four  pounds 
if  imported  from  any  other  place ;  thirty  shillings  on 
every  pipe  of  wine  ;  two  pence  on  every  gallon  of 
spirits,  rum  or  other  distilled  liquors ;  five  pounds  on 
every  hundred  pounds  prime  cost  on  British  West  In- 
dia goods ;  four  shillings  on  every  hundred  weight  of 
cocoa,  and  three  per  cent  on  all  sales  at  auction.  The 
house  resolved  that  if  any  part  of  the  said  money  should 
be  paid  by  the  treasurer  before  the  passage  of  proper 
laws  for  the  purpose,  it  should  be  deemed  a  misapplica- 
tion, and  the  treasurer  should  be  held  accountable.  So 
jealous  was  the  assembly  of  the  power  of  the  gover- 
nour and  council,  that  not  content  with  limiting  all  taxes 
to  the  term  of  one  year,  it  would  not  even  permit  the 
monies  so  raised  to  be  paid  out  or  applied  without  its 
express  authority.    The  interest  of  money  was  now  re- 
duced to  seven  per  cent.  The  bill  for  the  frequent  elec- 
tion of  representatives  at  length  obtained  the  assent  of 
the  governour  and  council.    This  assent  was  not,  how- 
ever, cordially  given.    The  lieutenant  governour  knew 
that  the  bill  would  not  obtain  the  royal  assent,  as  its 
character  and  views  were  too  democratick,  and  as  it 
gave  the  people  too  great  a  share  in  the  government  of 
the  colony.    In  1739,  the  crown  repealed  this  law,  and 


lUstory  of  New-York. 


425 


it  Was  surmised,  at  the  time,  that  the  lieutenant  gover- 
nour  had  been  instrumental  in  procuring  this  repeal. 

^  X.  The  lieutenant  governour,  after  giving  his  as- 
sent to  twenty-nine  bills>  adjourned  the  house  to  the 
April  following.  Before  it  reassembled,  the  lieute- 
nant governour  thought  proper  further  io  prorogue  it  to 
the  29th  of  August,  1738.  When  it  met  on  that  day, 
the  interesting  question,  how  far  a  prorogation  operated 
as  a  dissolution^  was  discussed.  This  discussion  con- 
tinued during  three  days.  Precedents  were  searched 
into,  authorities  were  quoted,  and  parliamentary  cus- 
toms were  fully  examined.  The  house  decided,  unani- 
mously,  that  it  was  not  dissolved,  and  that  it  did  then 
lawfully  and  rightfully  exist.  This  discussion  being  re- 
ported to  the  lieutenant  governour,  he  addressed  the 
house.  He  informed  it  of  the  afflicting  death  of  her 
majesty,  queen  Caroline ;  he  repeated  his  complaints 
that  the  house  ought  to  settle  a  revenue  for  as  long  a 
time  as  former  assemblies  had  done,  and  that  unless  this 
was  granted,  his  duty  to  his  majesty  forbade  him  from 
assenting  to  any  act  to  continue  the  excise  and  for  sink- 
ing the  colonial  bills  of  credit.  The  house,  after  a  long 
discussion,  unanimously  resolved  that  it  would  not  pass 
any  bill  for  the  grant  of  monies,  but  with  assurance 
that  the  bills  of  credit  struck  and  issued  in  the  years 
1714  and  1717,  should  be  redeemed,  and  also  the 
excise  act  should  be  continued  from  November  1, 
1739,  for  a  sufficient  number  of  years  to  cancel 
and  destroy  the  said  bills.  This  resolution  was  com- 
municated to  the  lieutenant  governour  by  Messrs. 
Schuyler  and  Johnson.  These  gentlemen  having  wait- 
ed on  the  lieutenant  governour,  reported  that  his  hon- 
our was  pleased  to  answer>  "  that  he  could  not  give  his 


426 


History  of  Kav-Torh 


assent  to  sucb  a  bill  unless  the  house  would  settle  a 
support  for  as  long  time  and  in  as  ample  a  manner  as 
had  been  given  to  former  governours ;  neither  could 
be  consent  to  the  appropriation  of  the  money,"  A 
rupture  between  the  executive  and  legislature  was  ra- 
pidly approachirsg.  All  good  men  saw,  with  regret,  that 
pertinacious  adherence  to  prerogative,  on  the  part  of 
the  lieutenant  governour,  which  tended  to  frustrate  the 
^^holesome  measures  of  the  assembly.    The  lieutenaiit 
governour  had  little  reason  to  complain  of  the  legisla- 
ture.   It  had  voted  him  a  salary  of  1560/.  and  had  been 
lavish  in  its  disbursements  for  the  support  of  govern- 
ment.   By  limiting  the  duration  of  taxes  to  one  year, 
it  had  shewed  to  the  people  the  benefits  arising  from  an 
BnirUal  meeting  of  the  legislature,  and  it  possessed  no 
other  means  of  coercing  the  crown  to  a  «  ue  sense  of 
its  dependence  on  the  affections  and  loyalty  of  the 
colony.    But  the  lieutenant  governour  was  not  to  be 
moved  by  considerations  of  this  nature.    He  ordered 
the  house  to  attend  him,  and  in  an  angry  strain  of  in- 
vective and  abuse,  told  the  assembly  that  its  proceed- 
ings,were  "presumptuous,  daring  and  unprecedented." 
That  he  could  "  not  look  upon  them  without  astonish- 
ment, nor  with  honour  sufler  the  house  to  sit  any  longer." 
He  accordingly  dissolved  it.    No  bills  were  passed  into 
laws  at  this  session.    Many  were  originated,  but,  by  the 
dissolution,  were  lost.    The  character  of  the  assembly, 
for  firmness,  in  what  it  deemed  the  essential  interests  of 
the  colony,  cannot  be  disputed.    The  legislature  began 
to  perceive  hs  importance  in  the  scale  of  government. 
It  possessed  the  germ  of  that  independence  and  free- 
dom which  afterwards  ripened  and  displayed  itself  in 


History  of  New-York. 


42? 


securing  the  liberties  of  our  country.  It  felt  the  digni- 
ty due  to  its  own  character,  and  neither  ministerial 
smiles  nor  frowns,  could  sway  it  from  the  path  of 
duty. 


HISTOBY  OF  MEW-YOBK. 


PAllT  IX. 

Including  from  the  year  1738  to  17il.,..Bcing  a  continvr 
ation  of  the  Government  under  IJenienant  Governour 
Clarke. 


§  I.  state  of  Europe,  and  of  the  colony  ;  war  between  Great  Britaia 
and  Spain.  §  II.  Impressment  of  seamen  resisted  by  the  mayor  of 
New- York ;  spotted  fever  and  small  pox.  $  III.  New  elections  of 
the  assembly  ;  lieutenant  governour's  speech  and  proceedings  of  the 
house.  §  IV.  Revenue  ;  prorogation.  §  Y.  Negro  plot.  §  VI. 
Number  executed,  &c.  and  remarks.  §  VII.  Meeting  of  the  assem- 
bly ;  progress  of  Christianity  among  the  Indians.  §  VIIT.  Sugges- 
tions that  the  colony  wished  to  be  independent  of  the  crowDj  consl. 
dered. 


The  state  of  Europe  had  been,  for  some  time,  nu- 
propitious  to  the  settlement  of  the  colonies,  or  the  in- 
crease of  their  commerce.  Spain  had  sought  occasion 
to  embroil  herself  in  the  war  with  Great  Britain.  The 
convention  made  at  Paris,  in  January,  1 738,  by  which 
Spain  had  engaged  to  pay  England  95,000/.  for  depre- 
dations committed  by  the  subjects  of  the  former  on 
those  of  the  latter,  had  been  violated.  Hostile  prepa- 
rations against  Spain,  seemed  to  be  the  constant  theme 
of  the  English  people.  The  ministry,  unable  to  resist 
the  clamour,  granted  letters  of  marqe  and  reprisal. 


430 


History  of  New-York. 


The  troops  Avere  augmented  ;  a  fleet  was  asi^mWed  at 
Spithead  ;  a  reinforceinerit  sent  out  to  admiral  Had- 
dock, and  an  embargo  laid  on  all  outward  bound  mer- 
chant ships.  Every  movement  threatened  an  immedi- 
ate rupture.  Admiral  Vernon  was  sent  to  the  West 
Indies,  to  annoy  the  Spanish  trade  and  settlements. 
The  king  of  Spain,  on  his  part,  ordered  all  British  shij^s, 
in  his  waters,  to  be  seized  and  detained.  In  the  end, 
war  was  declared  by  England  against  Spain,  on  the  23d 
of  OctobfT,  1739.  As  early  as  February,  1736,  gover- 
nour  Broughton,  of  South  Carolina,  liad  a{)prized  the 
lieutenant  governour  of  New-York,  that  a  Spanish  arma- 
ment was  preparing  at  Havanna,  to  attack  Georgia  and 
South  Carolina.  The  lieutenant  governour  and  council 
had,  thereupon,  forbidden  supplies  or  arms  to  be  ship- 
ped to  the  Spaniards,  and  an  embargo  was  also  laid  on 
all  vessels  bound  to  St.  Augustine. 

^  II.  A  remarkable  application  was  made  by  captain 
Norris,  of  the  ship  Tartar,  then  lying  in  the  harbour  of 
New-York,  for  liberty  to  impress  thirty  seamen,  whom^ 
he  said,  were  much  wanted  by  him  to  man  his  vesse'L 
The  lieutenant  governour  and  council  ordered  the  may- 
or of  New-York  to  cause  the  impressment  to  be  made» 
The  mayor,  with  a  firmness  which  did  him  much  ho- 
nour, peremptorily  refused  to  obey  the  order,  and  the 
lieutenant  governour  and  council  prudently  declined^ 
though  solicited,  to  take  any  further  measures  to  com- 
ply with  captain  Norris'  requisition.  The  colonists 
were  yet  ignorant  of  the  practical  operation  of  the 
doctrine  of  impressment.  The  spark  of  liberty,  en- 
kindled in  their  bosoms,  could  not  be  extinguished  by 
the  arts  or  arms  of  their  rulers.  The  purple  or  spotted 
fever  was  said  to  be  making  great  ravages  in  South 


History  of  New-York. 


m 


Carolina,  and  the  small  pox,  another  terrible  enemy  of 
n  an,  was  stated  to  prevail  at  Barbadoes  and  Antigua* 
The  lieutenant  governour  and  council  ordered  all  ves^ 
sels  from  South  Carolina,  Barbadoes  and  Antigua  to 
perf  >rm  quarantine. 

§  III.  The  forfuer  assembly  having  been  dissolvedy  a 
new  election  for  representatives  l>ei  ame  necessery*  In 
the  city  of  New-York  an  entire  change  of  members 
was  produced.  None  of  those  who  served  in  the  last 
assembly  were  returned.  Though  great  ex^  rtions  had 
been  made  by  the  lieutenant  governc/ur  to  procure  ^ 
house,  less  rigid  and  unbending  than  the  former,  he 
w^as  equally  unsuccessful  in  the  attainment  of  his  pur- 
pose. Whatever  differences  existed  between  the  new 
members,  on  minor  subjects  of  legislation,  yet  on  those 
leading  and  important  questions,  of  granting  supplies 
for  only  one  year,  and  of  supporting  the  credit  of  the 
paper  money  of  the  colony,  there  was  but  one  opinion* 

The  lieutenant  governour  opened  the  session,  on  the 
27th  of  March,  1739.  He  told  the  house  to  imitate  the 
British  parliament,  by  granting  liberal  supplies.  He 
reminded  it  of  the  gratitude  it  owed  to  his  majesty,  for 
his  constant  protection  and  support  of  the  colonial  trade, 
and  of  the  rights  and  liberties  of  the  colony.  He  ear- 
nestly recommended  the  house  to  provide  for  the  long 
arrears  due  for  the  support  of  government.  He  again 
called  ils  attention  to  the  ruinous  state  of  the  foit 
among  the  Seneca  Indians,  and  the  barracks  at  Fort 
George.  The  complaint  of  the  French  endeavour- 
ing to  alienate  the  affections  of  the  Indians,  was,  as 
usual,  a  prominent  subject  of  his  speech.  He  also  in- 
formed the  house  that  the  crown  had  repealed  the  law 
regulating  elections  of  representatives;,  and  concluded 


432 


History  of  New- York. 


by  promising  to  give  bis  assent  to  any  bills  tlic  a:*seui« 
biy  should  pass,  provided  it  would  do  its  duty  in  re- 
spect to  the  revenue.    The  house  seemed  to  be  even 
less  courteous  than  the  former  assembly.    On  a  division 
to  take  the  speech  immediately  into  consideration,  only 
five  members  voted  in  the  affirmative,  and  seventeen  in 
the  negative.    The  consideration  of  the  speech  was 
postponed  for  a  week.    The  house  likewise  reduced 
the  salary  of  the  lieutenant  go vernour,  from  1560/.  to 
1300/.  alledging  the  present  embarrassments  of  the 
colony  as  the  cause  for  this  reduction.    Little  business 
was  done,  and  the  small  pox  being  then  prevalent  in 
New- York,  the  house  took  a  recess  to  August  29,  1739. 
When  it  reassembled,  the  lieutenant  governour  remind- 
ed it  of  the  subjects  contained  in  his  former  speech. 
He  added  that  ship  building  was  much  neglected  in  the 
colony,  and  suggested  the  propriety  of  increasing  it  by 
a  law  to  be  passed  for  the  purpose.    He  communicated 
to  the  house  a  letter  from  the  governour  of  Massachu- 
setts, and  a  vote  of  its  assembly,  signifying  a  desire  to 
have  the  boundaries  between  the  two  colonies  settled 
by  commissioners.    The  small  pox  still  continuing  in 
New-York,  the^  house,  with  the  approbation  of  the 
lieutenant  governour,  changed  its  place  of  meeting  to 
the  house  of  Harmanus  Rutgers,  near  the  fresh  water 
pond.    No  report  having  been  made  to  the  house 
of  the  expenditures    of  the   sums  voted  in  1734, 
amounting  to  nearly  12,000/.  for  the  purposes  of  erect- 
ing fortifications  in  New-York,  Suffolk,  Albany  and 
Schenectady,  the  commissioners  appointed  for  applying 
those  monies,  were  directed  to  make  report  of  the  man- 
ner in  which  they  had  been  applied.    The  treasurer 
^yas  likewise  directed  to  report  the  receipts  into  the 


History  of  New-York. 


433 


treasury,  under  the  acts  laying  a  duty  of  tonnage,  for 
eniitting  certain  bills  of  credit,  for  laying  duties  oh 
sales  at  auction,  and  for  collecting  the  excise  duties* 
The  house  Toted  that  it  was  the  duty  of  the  crown  to 
sup[)ly  the  garrisons  of  the  colony  with  bedding,  ket- 
tles, bowls  and  platters,  and  that  no  tax  ought  to  be  im- 
posed on  tlie  inhabitants  for  the  purpose.  About  this 
lime  seventy  families  of  Highlanders  had  arrived,  and 
intended  tb  make  a  settlement  at  Wood  Creek.  Td 
enable  them  to  do  so,  the  government  had  allowed  them 
a  liberal  compensation.  The  assembly  were  now  pro- 
ceeding to  the  subject  of  fortifications,  always  having 
in  view,  however,  that  all  supplies  should  continue  but 
for  one  year  ;  that  they  should  be  limited  in  their  ap^ 
plication  to  the  specifick  purposes  directed  by  the  house, 
and  that  the  credit  of  the  paper  currency  of  the  colony 
should  remain  unimpaired. 

^  IV.  The  lieutenant  governour  pressed  the  house  to 
raise  a  revenue  in  gross,  and  to  leave  its  application' 
to  the  lieutenant  governour  and  council.  This,  as 
usual,  was  opposed  by  the  house,  and  the  opposition 
was  highly  offensive  to  his  honour.  As  a  prelude 
to  what  he  intended^  the  lieutenant  governour  sent  for 
the  house  and  prorogued  them  for  a  few  days  only^^ 
with  a  view,  as  he  said,  "  that  the  members  might  seri- 
ously reflect  upon  these  matters."  This  prorogation 
produced  no  change  in  the  temper  or  disposition  of  the 
assembly,  but  rather  served  to  increase  its  hostility  ta 
the  court.  The  lieutenant  governour  seeing  this  spirit 
of  the  house,  was  fearful  of  proceeding  to  extremities^ 
He  gave  his  assent  to  the  bill  for  supporting  the  credit 
6f  the  paper  currency,  and  the  house  voted  the  usual 
supplies  for  the  support  of  government,  and  for  victual 

•55 


434 


History  of  New- York. 


ing  five  hundred  men,  to  be  employed  in  an  expedition 
against  the  Spaniards.    On  the  17th  INovember,  1739, 
the  house  was  adjourned  until  the  April  following. 
^  ^  V.  Subsequent  to  the  next  meeting  of  the  assembly, 
.certain  events  occurred,  which,  though  they  were  not 
completely  developed  until  sometime  afterwards,  it  will 
•  not  be  amiss  to  notice  here  in  connection.  These  events 
were  calculated  to  awaken  the  feelings,  and  rouse  tiie 
*  .resentment  of  the  colonists  against  the  unfortunate 
Africans,  who  were  devoted  to  a  state  of  slavery.  A  rob- 
.bery,  which  had  been  committed  at  the  house  of  Robert 
Hogg,  a  merchant  in  New-York,  on  the  28th  of  Febru- 
ary, 1740-1,  seemed  to  have  led  to  the  discovery  of  a 
plot,  which  was  afterwards  called  the  negro  plot.  One 
Mary  Burton,  an  indented  servant  to  John  Hughson, 
(a  man  of  infamous  character,  and  to  whose  house 
slaves  were  in  the  practice  of  resorting  to  drink  and 
gamble,  and  of  secreting  the  goods  they  had  stolen) 
was  the  instrument,  in  the  hands  of  the  magistrates,  for 
the  detection  and  punishment  of  the  offenders.    On  the 
18th  of  March  after  the  robbery,  a  fire  broke  out  in 
the  roof  of  his  majesty's  house  at  Fort  George,  near  tlie 
chapel,  consuming  the  house,  the  chapel  and  some  other 
buildings  adjacent.    Most  of  the  publick  records  in  the 
secretary's  oflSce,  over  the  fort  gate,  were  fortunately 
rescued  from  the  flames.    A  week  after,  another  fire 
broke  out  at  the  house  belonging  to  a  captain  Warren, 
near  the  long  bridge,  at  the  southwest  end  of  the  city. 
Both  these  fires  were,  at  first,  supposed  to  be  accident- 
al.   But  about  a  week  after  the  last  fire,  another  broke 
out  at  the  store  house  of  a  Mr.  Fan  Zandt,  towards  the 
eagt  end  of  the  town.    Three  days  after  a  fourth  alarm 
was  given,  and  it  was  found  that  some  hay  was  on  fire 


History  of  New-York.  435 

in  a  cow  stable  near  the  house  of  a  Mr.  Quick,  or  a 
Mr.  Vergereau.  The  fire  was  soon  suppressed.  The 
people  in  returning  from  that  fire,  were  alarmed  by  a 
fifth  cry,  at  the  house  of  one  Ben  Thompson,  next  door 
west  of  a  captain  Sarly's  house.  It  appeared  that  fire 
had  been  placed  between  two  beds,  in  the  loft  of  a 
kitchen,  where  a  negro  usually  slept.  The  next  morn- 
ing coals  were  discovered  under  a  hay  stack,  near  the 
coach  house  and  stables  of  Joseph  Murray,  esq.  in 
Broadway.  All  these  circumstances  having  occurred 
in  quick  succession,  the  people  were  induced  to  be- 
lieve that  some  designing  persons  intended  to  destroy 
the  city  by  fire.  What  strengthened  this  belief,  was, 
a  seventh  alarm  of  fire  the  next  day,  at  the  house  of  a 
sergeant  Burns,  opposite  the  fort  garden,  an  eighth 
alarm  occasioned  by  a  fire  breaking  out  the  same  day, 
in  the  roof  of  a  Mr.  Hilton's  house,  near  the  fly  mar- 
ket; and  again,  the  same  afternoon,  and  within  a, 
few  hours  after,  a  ninth  fire  occurring,  at  colonel 
Pliilipse's  store  house.  This  strange  coincidence  of 
events,  leaves  indeed  little  room  for  doubt, that  sotiie  one 
or  more  of  the  fires  occurred  through  design.  \X  ^a^soqn 
rumoured  that  the  negroes  were  the  perpetrators.  One 
QuackOj  a  negro,  bel  )nging  to  a  Mr.  Walter,  wag  said 
to  have  made  use  of  some  mysterious  language  and 
threats,  indicating  his  knowledge  of  a  plo^.  A  procla- 
mation was  issued,  offering  rewards  for  the  discovery 
of  the  offenders.  Quacko,  and  several  other  negroes 
were  apprehended  and  closely  interrogated,  but  with- 
out effect.  The  supreme  court,  at  its  April  term^, 
strictly  enjoined  the  grand  jury  to  make  diligent  enqiu- 
ries  as  to  the  late  robberies  and  fir^s  within  the  city., 
Mary  Burton^,  who  had  been  apprehended  as  a  witnes?. 


History  of  New- York. 


relative  to  the  robbery  at  Mr,  Hogg's,  gave  the  grand 
jury  reason  to  believe  that  she  was  also  privy  to  the  de- 
sign to  set  fire  to  the  city.  After  some  difficulty,  she 
made  a  disclosure,  which,  in  all  probability,  was  greatly 
exaggerated,  though  some  of  its  parts  might  have  been 
true.  She  stated  that  meetings  of  negroes  were  held 
at  her  master's  [Hughson.]  That  their  plan  was  to 
burn  the  fort  and  city.  That  one  Caesar,  [a  black]  was 
*to  be  governoury  and  Hughson,  her  master,  kijig  !  That 

they  were  to  destroy  the  whites.  That  she  had  known 
seven  or  eight  guns,  and  some  swordsy  in  her  master's 

bpuse !  That  the  meetings  at  her  master's  house,  con- 
sisted of  twenty  or  thirty  negroes  at  a  time  !  Upon  this 
evidence,  warrants  were  issued,  and  many  negroes 
committed  to  prison.  One  Arthur  Price,  a  servant, 
charged  with  stealing  goods,  belonging  to  the  lieutenant 
governour,  likewise  became  informer.  Being  in  prison 
himself,  and  having  access  to  the  negroes  there  commit-^ 
ted,  he  received,  o^  pretended  to  have  received,  much 
information  from  them,  He  was  afterwards  employed 
by  the  magistrates,  to  hold  private  conferences  with  the 
negroes  in  prison,  and  to  use  persuasion  and  other 
means  to  gain  confessions  from  them.  In  this  business 
he  was  peculiarly  expert,  and  received  the  most  un~ 
qualified  approbation  of  the  magistrates.  Yet  many  of 
his  stories  are  of  such  a  chivalrous  and  romantic  de- 
scription  as  to  excite  suspicion  of  their  truth.  But 
every  thing  he  related  was  implicitly  believed.  The 
more  extravagant  the  tale,  the  more  readily  was  it  re^ 
ceived  and  credited.  A  white  woman,  who  was  a  com- 
mon prostitute,  and  familiar  even  with  negroes,  of  the 
name  of  Margaret  or  Peggy  Salinburgh,  alias  Kerry, 
nUas  Sorubiero,  likewise  declared  she  could  make 


History  of  New-York. 


437 


great  discoveries.  The  magistrates  eagerly  hastened  to 
take  her  examination,  and  the  consequence  was,  that 
fresh  warrants  were  issued  for  the  apprehension  of  ma- 
ny other  negroes,  not  before  implicated.  Informers 
were  now  rapidly  increasing.  Arthur  Price,  while  in 
prison,  was  making  great  discoveries.  Operating  on 
the  fears  and  hopes  of  the  negroes,  many  declared 
themselves  accomplices.  The  magistrates  were  unceas- 
ingly engaged.  The  grand  jury  were  daily  presenting 
bills  of  indictment  against  the  parties  accused.  To  be 
inculpated  by  Mary  Burton,  Arthur  Price,  or  Peggy 
Salingburgh,  was  sufficient  to  authorize  the  indictment 
and  conviction  of  any  person.  It  is  to  be  regretted 
that  on  proof  of  such  suspicious  characters,  so  many 
lives  were  placed  in  the  hands  of  the  executioner.  Not 
that  we  dispute  the  fact  that  some  of  the  fires  were 
designedly  set,  but  that  we  mean  to  be  understood 
as  doubting  the  extent  and  nature  of  the  plot  ascribed 
to  the  negroesc  It  is  evident  that  Mary  Burton  w^as 
wholly  unworthy  of  credit.  Independent  of  the  ab- 
surdity and  improbability  of  many  of  her  stories,  she 
had,  on  the  22d  April,  in  her  first  examination  and  dis- 
closure under  oath,  declared,  "  that  she  never  saw  any 
wiiite  person  in  company  when  they  talked  of  burning 
the  town,  but  her  master,  her  mistress  and  Peggy;''  yet, 
on  the  25th  of  June  following,  she  deposed  that  one 
John  Ury,  a  Catholick  priest,  (a  white  person )  w  as  of 
ten  at  her  master's,  and  "  that  w^hen  he  came  to  Hugh- 
son's,  he  [Ury}  always  went  up  stairs  in  the  company 
of  Hughson,  his  wife,  and  daughter,  and  Peggy,  with 
w4iom  the  negroes  used  to  be,  at  the  same  time,  consult- 
ing about  the  plot ;"  and  that  the  negroes  talked  in 
the  presence  of  the  said  Ury  about  setting  fire  to  the 


438 


History  of  Ntiv-York. 


houses,  and  killing  the  white  people,"  She  afterwards, 
on  the  14th  July  following,  declared,  on  oath,  that  one 
Corry,  a  dancing  master,  (also  a  white  person)  used  to 
come  to  Huglison's,  and  talk  wit  h  the  negroes  about  the 
plot.  Yet  on  evidence  of  this  kind,  Ury,  who  had 
previously  been  committed  under  the  act  against 
Jesuits  and  popish  priests,  was  indicted,  tried,  convicted 
and  executed.  At  the  place  of  execution,  he  solemnly 
denied  the  charge,  and  called  on  God  to  witness  its  falsi- 
ty. But  Ury  was  a  Catholick,  and  the  publick  prejudice 
was  so  strong,  that  it  required  very  little  more  to  en- 
sure his  condemnation.  Had  not  Ury  been  obnoxious, 
on  account  of  his  religion,  the  accusation  against  him 
would  perhaps  have  never  been  made,  or,  if  made, 
would  have  been  little  regarded.  Mary  Burton,  re- 
ceived  the  hundred  pounds  which  had  been  promised  as 
a  reward  for  discovering  the  persons  concerned  in  set- 
ting fire  to  the  city.  We  shall  now  dismiss  this  article, 
after  giving  the  number  who  were  accused,  tried,  and 
suffered  on  this  occasion,  with  some  remarks,  which 
grow  out  of  this  subject. 

^  yi.  One  hundred  and  fifty-four  negroes  were  com- 
mitted to  prison,  of  whom  fourteen  were  burnt  at  the 
stake,  eighteen  hanged,  seventy-one  transported,  and 
the  rest  pardoned,  or  discharged  for  want  of  proof. 
Twenty  white  persons  were  committed,  of  whom  two 
only,  John  Hughson  and  John  Ury,  were  executed.  At 
this  time,  the  city  of  New- York  contained  a  population 
of  about  twelve  thousand  souls,  of  whom  one  sixth 
were  slaves.  If  a  plot,  in  fact,  existed  for  the  destruc- 
tion of  the  city  and  the  massacre  of  its  inhabitants ;  and 
if  that  plot  was  conducted  by  Ury,  it  certainly  betray- 
ed greater  imbecility  of  intellect,  and  want  of  caution 


History  oj  New-York. 


439 


and  arrangement,  together  with  less  union  of  action, 
than  could  have  been  expected  from  one  who  was  evi- 
dently, if  we  believe  his  own  account,  a  man  of  classi- 
^cal  education,  and  profound  erudition.  It  is  worthy  of 
re  nark,  that  Corry,  the  dancing  master,  accused  by 
Mary  Burton,  was  discharged  for  want  of  proof!  It 
seems  that  Mary's  testimony  began,  at  length,  to  be 
doubted.  Indeed,  it  well  might ;  for  had  the  prosecu- 
tions continued  much  longer,  she  would,  more  than 
probable,  have  accused  a  great  portion  of  the  wtfite 
citizens  of  New-York,  as  being  concerned  la  this  plot 
Daniel  Horsmanden,esq.  published,  at  the  time,  a  history 
of  this  conspiracy  and  laboured  hard  to  prove  its  exist- 
ence and  extent.  But  it  is  evident  that  that  hostility  to 
Catholicism,  which  the  British  government  so  industri- 
ously inculcated,  tinctured  his  mind,  and  gave  it  a  bias 
unfriendly  to  the  fair  developement  of  truth,  or  to  the 
full  and  impartial  examination  of  facts  and  circumstan- 
ces. The  negroes  were  without  defence.  All  the 
counsel  in  the  city  were  arrayed  against  them,  and  vol- 
unteered their  services  on  behalf  of  the  crown,  on  the 
trial  of  those  unfortunate  slaves.  The  want  of  educa- 
tion, and  utter  ignorance  of  those  infatuated  wretches 
easily  made  them  the  victims  of  craft,  and  impositi  on. 
The  hopes  of  life,  and  the  promise  of  pardon,  influenc- 
ed some  of  them  to  make  confessions.  Yet  falsehood 
was  so  ingeniously,  and  artfully  blended  with  truth,  that  it 
>vas  not  an  easy  task  to  separate  the  one  from  the  other. 
Jt  must,  however,  be  admitted,  that  many  circumstances 
aided  the  opinion  that  the  plot,  in  fact,  existed,  and  if 
the  people  were  mistaken  in  this,  it  was  an  errour  into 
which  they  might  naturally  fall  at  the  moment  of  confu- 
sion and  distress^  and  under  the  attending  circumstances. 


X 


Hisiory  of  New-  YorL 


A  day  of  publick  thanksgiving  for  the  deliverance 
of  his  majesty's  subjects,  from  the  alledged  con- 
spiracy, was  appointed  by  the  lieutenant  governour, 
and  was  devoutly  and  reverently  observed  by  the  inha- 
bitants. 

^  VII.  The  assembly  met  in  April,  but  immediately 
after  adjourned.    In  September,  1740,  it  was  again 
convened.    The  speech  of  the  lieutenant  governour 
strongly  recommended  war  measures  for  the  defence  of 
the  colony.    He  urged  the  house  to  grant  further  sup- 
plies for  the  support  and  maintenance  of  troops  and 
forts,  especially  the  fort  at  Oswego.    He  stated  the  ra- 
pid progress  of  Christianity  among  the  Six  Nations  of  In-^ 
dians,  where  the  reverend  Mr.  Barclay  was  successful- 
ly combating  the  delusions  of  infidelity  and  paganism. 
He  solicited  the  house  to  raise  a  revenue  for  a  term  of 
years,  as  former  assemblies  had  done,  and  not  to  limit 
its  duration  to  one  year.    It  was  in  vain,  however,  for 
the  lieutenant  governour  to  press  this  latter  topick  oii 
the  house.    Their  resolution  was  fixed,  and  so  highly 
indignant  w^ere  some   of  the   members  at  this  at- 
tempt, that  a  motion  made  by  Mr.  Nicol,  to  re- 
duce the  lieutenant  governour's  salary  to  780/.  was 
lost,  on  a  division,  by  a  majority  of  five  voices  on- 
ly.   The  sum  of  1,300/.  which  had  before  been  allow- 
ed, was  then  proposed,  and  carried  by  a  small  majority. 
The  liouse  likewise  voted  that  it  would  not  subject  the 
colony  to  any  additional  taxes,  to  aid  the  contemplated 
expedition  against  the  Spanish  settlements  ;  plainly  in- 
timating that  it  was  the  province  of  the  crown  to  sup- 
port its  own  wars.    Captain  Johan  Jost  Herkimer,  Mr. 
Henry  Yan  Rensselaer,  Mr.  John  H  Wendell,  and 
Mr.  Gerrit  A.  Lansing,  were  directed  to  victual  the 


History  of  New-York. 


gan  jsott  at  Oswego.  Thirteen  acts  were  passed  at  this 
session.  The  militia  act  was  amended,  and  the  tax  on 
cider,  pork  and  beef  was  repealed,  but  the  duties  on 
sales  at  auction  were  increased,  to  make  good  the  de^ 
ficiency  in  the  revenue.  The  house  did  not  meet 
again  till  the  15th  April,  1741* 

4  VIIT.  It  requires  but  little  discernment  to  perceive 
the  growing  importance  of  the  legislature  of  the  colo- 
ny. In  almost  every  struggle  with  its  governours,  it 
was  successful.  In  fact,  the  purse  and  the  sword  were 
in  the  hands  of  the  assembly.  Publick  monies  could  no 
longer  be  misapplied.  The  revenue  was  limited  to  one 
year,  and  the  lieutenant  governour  was  compelled,  from 
that  circumstance  alone,  to  call  the  legislature  together 
annually.  This  unyielding  spirit  of  the  assembly,  as  it 
was  termed  by  the  lieutenant  governour,  induced  him 
to  believe  that  the  colony  wished  to  throw  off  her  de- 
pendence on  Great  Britain.  In  his  speech  to  the  house 
in  April,  1741,  he  alludes  to  "a jealousy,  which,  for 
some  years,  had  obtained  in  England,  that  the  planta- 
tions were  not  without  thoughts  of  throwing  off  their 
dependence  on  the  crown  of  England."  That  such  a 
jealously,  even  at  that  early  day,  had  prevailed  in  some 
of  the  cabinet  circles  in  England,  was  strictly  true,  but 
it  was  impolitick  and  unwise  in  the  lieutenant  governour 
to  touch  upon  so  delicate  a  subject.  An  allusion  of  the 
kind,  rather  served  to  enkindle  than  extinguish  such  a 
sentiment.  The  colony  of  New-York  was  the  most 
loyal  of  all  his  Britannick  majesty's  possessions  in  Ame- 
rica. From  duty  and  inclination,  she  was  sincerely  at-^ 
tached  to  the  British  government  and  nation.  What- 
ever speculations  or  theories  might  have  been  indulged 
in,  by  some  of  its  inhabitants,  a  vast  majority  of  theni 

56 


442  History  of  New-York. 

entertained  no  wish  for  a  separation  from  the  mo- 
ther country.  The  speech,  therefore,  was  illy  calcu- 
lated to  sooth  the  feelings  of  the  people.  Distrust  and 
want  of  confidence  naturally  beget  each  other.  The 
people  perceived  that  no  sacrifices  on  their  part  could 
procure  the  respect  or  command  the  confidence  of  ti  eir 
rulers.  After  the  colony  had  exhausted  every  effort  to 
support  the  rights  and  honour  of  the  British  crown,  and 
expended  much  of  her  best  blood  and  treasure  for  the 
purpose,  it  was  cruel  to  tell  her  that  she  was  a  way- 
ward, disobedient  child,  who  was  struggling  for  emanci- 
pation from  paternal  authority.  The  answer  of  the 
bouse  was  dignified,  loyal  and  respectful.  In  style  and 
matter,  it  is  a  state  paper  of  no  little  value.  Nor  was 
the  speech  of  the  lieutenant  governour  deficient  in 
either.  Both  were  superior  to  the  speeches  and  an- 
wera  which  had  usually  been  made. 


HISTORY  OF  NEW-YOM, 

PART  X. 

Including  from  the  Year  1741,  to  the  Year  1743,  when. 
Governour  Clinton  arrived,  and  terminated,  the  Admim 
istration  of  Lieutenant  Governour  Clarke. 


§  I.  The  speech  of  the  lieutenant  governour  in  April,  1741.  §  11. 
Remarks  thereupon,  §  III.  Answer  of  the  assembly.  §  IV.  Its 
proceedings.  §  V.  Cuba  taken  by  the  British  ;  speech  and  answer 
in  September,  1741  ;  proceedings  of  the  house.  §  VI.  Arrival  of 
governour  Clinton.    §  VII.  Character  of  the  lieutenant  governour. 


In  the  preceding  chapter  we  briefly  noticed  the 
speech  of  the  lieutenant  governour,  and  the  answer  of 
the  assembly,  at  the  April  session,  in  1741.  These  pa- 
pers shall  now  be  more  particularly  considered.  As 
evidence  of  the  temper  of  the  times,  they  may  justly 
be  deemed  valuable.  On  the  part  of  the  lieutenant  go- 
vernour every  effort  had  been  made  to  produce  an 
effect  on  the  house.  He  commences  his  speech  with 
referring  to  the  revolution  which  placed  William  and 
Mary  on  the  throne,  and  secured  a  protestant  succes- 
sion to  the  nation  :  That  that  revolution  had  protected 
the  colony  in  the  enjoyment  of  its  civil  and  religious 
rights  and  privileges  :  That  the  colony  had  been  more 
highly  favoured  than  any  other  of  his  majesty's  pro- 


444 


History  of  JNerv-York. 


vinces ;  and  that,  in  grateful  return  for  this  protection^ 
its  former  assemblies  had,  for  many  years,  supported 
the  government  conformable  to  the  practice  of  the  par- 
liament of  England  :  That,  like  parliament,  these  as- 
semblies had  never  questioned  the  king's  royal  prero- 
gative, and  undoubted  right  to  appoint  officers  for  th(j 
management  of  the  revenue.    But  late  assemblies,  hav- 
ing grown  wanton  by  prosperity,  had  abused  the  cle- 
mency of  the  crown,  and  had  demanded  the  nomination 
of  their  own  treasurer  :  That  this  demand  having  been 
granted,  so  far  as  related  to  the  management  of  monies 
raised  for  extraordinary  uses,  the  legislature  were  em- 
boldened, after  the  year  1709,  further  to  insist  on  the 
particular  appointment  of  the  salaries  of  the  officers  of 
government,  and  absolutely  refused  to  raise  any  reve- 
nue unless  this  demand  was  likewise  granted  :  That 
consequently  his  majesty's  auditor  general  w^as  left 
w  ithout  any  salary  ;     thus  fixing  on  themselves  the  de- 
pendence of  the  officers  for  whom  they  provided,  (for 
men  are  naturally  servants  to  those  who  pay  them)  and, 
in  effect,  subverting  the  constitution,  by  assuming  to 
themselves  one  undoubted  and  essential  branch  of  his . 
majesty's  royal  prerogative."    That  he  now  hoped  th^ 
house  was  returning  to  a  sense  of  duty  to  his  majesty, 
and  would  make  parliament  the  model  of  its  proceed- 
ing: That  this  conduct  alone  would  remove  the  jealou- 
sy prevailing  in  Great  Britain,  that  the  colony  wished 
to  be  emancipated  from  the  crown,  and  would  enable 
his  majesty  to  pay  his  own  officers  and  servants,  where- 
by they  will  be  reclaimed  to  their  proper  dependence 
That  a  speedy  rupture  with  France  w^as  to  be  appre- 
hended, and  that  timely  provision  should  be  made 
against  the  consequences  of  that  event :  That  hi«  nm- 


Mistory  of  New- York. 


445 


jesty  ha(};^6rdered  large  quantities  of  military  stores 
and  ordnance^o  be  sent  to  the  colony  to  aid  in  its  de- 
fence :  That^hCi  garrison  at^  Qswego  ought  to  be  aug- 
mented, and  the  militia  of  the  colony  placed  under 
better  regulation  :  That  an  agent,  of  known  integrity 
and  ability,  was  necessary  at  the  court  of  Great  Bri- 
tain. 1  le  then  adverted  to  the  late  fires  in  the  city  of 
New- York,  and  concluded  by  recommending  tlie  house 
to  provide  for  the  rebuilding  of  the  chapel,  &c.  in  Fort 
George,  which  had  been  destroyed,  and  for  placing  the 
slaves  under  greater  restrictions. 

^  II.  The  speech  is  replete  with  useful  political 
matter.  It  will  be  seen  that  the  democratick  branch  of 
the  colonial  government  had  placed  the  governour,  and 
almost  every  other  officer,  in  a  state  of  dependence  on 
its  votes  and  measures.  Not  a  single  shilling  could  be 
withdrawn  from  the  treasury,  but  by  legislative  consent. 
This  was  peculiarly  galling  to  the  lieutenant  governour. 
It  had  stripped  him  of  that  executive  patronage  and  in- 
fluence, which  was  deemed  by  him  so  essential  to  the 
support  of  his  administration.  In  truth,  it  was  a  great 
step  towards  that  independence  which  was  afterwards 
obtained.  Thus,  at  an  early  day,  the  colonists  had  suc- 
cessfully contended  with  the  crown  for  a  due  participa- 
tion of  powder.  Revolutions  seldom  go  backwards.  The 
mind  that  has  been  long  accustomed  to  think  with  free-, 
dom  and  decision  is  not  readily  induced  to  yield,  or  to 
recede  from  the  course  it  has  once  adopted.  The  as- 
sembly knew  its  power,  and  was  determined  to  retain 
it.  It  placed  little  dependence  on  the  faith  of  kings  or 
governours,  when  unrestrained  by  some  equiponderat- 
ing influence.  It  was  a  just  remark  of  the  lieutenant 
governour,  that  men  are  naturally  servants  to  those  who 


446  History  of  New- York. 


pay  them  ;  but  he  was  not  equally  fortunate  in  his  allu- 
sion to  the  practice  of  the  British  parliament.  He  had 
forgotten  the  ammal  subsidy  hills,  so  often  insisted  upon 
by  the  house  of  commons,  as  a  check  upon  the  inordi- 
nate ambition  and  power  of  the  crown.  Nor  was  it  cor- 
rect to  say  that  the  crown  had  protected  the  colony  in 
the  enjoyment  of  its  civil  and  religious  rights  and  pri- 
vileges. On  the  contrary,  the  ruinous  wars,  which  the 
British  government  had  frequently  waged,  so  destruc- 
tive to  the  commercial  and  agricultural  prosperity  of  its 
colonies,  and  the  heavy  expenses  which  were  defrayed 
by  this  colony,  as  well  towards  the  support  of  those 
wars,  as  to  its  defence  against  the  incursions  of  the  In- 
dians, had  shewn  that  it  owed  little  to  the  crown  on  the 
score  of  gratitude,  or  protection.  The  expense  of  the 
arms  and  military  stores,  which  had  been  sent  over 
by  the  British  government,  to  aid  in  our  defence, 
amounted  only  to  the  paltry  sum  of  8563Z.  125.  3d. 
which  was  not  one  fourth  of  the  amount  of  the  taxes 
we  had  raised,  within  a  few  years  past,  for  the  like 
purpose.  In  what  particular,  therefore,  the  colony 
had  been  "  more  highly  favoured  than  any  other  of  his 
majesty's  provinces,''  it  wajs  difficult  to  discover.  A 
reference  to  its  history  will  shew  that  New-York  had 
borne  greater  hardships,  expended  more  monies  for  the 
support  of  government,  and  had  exhibited  more  loyalty 
and  patient  endurance,  under  all  its  difficulties,  than 
any  other  of  his  majesty's  colonies. 

^  III.  The  assembly  in  its  answer  (which  was  said  to 
be  the  production  of  colonel  Morris)  assured  the  lieu- 
tenant governour  of  its  intention  to  provide  for  the 
support  of  government,  and  the  defence  of  the  colony, 
in  the  best  manner  its  ability  and  circumstances  would 


History  of  New-Yorh 


447 


allow :  That  the  house  viewed  the  revolution  as  a 
blessing  to  the  country,  and  admitted  the  protection  it 
had  received  from  the  crown,  yet  that  "  it  must  be 
owned,  on  the  other  hand,  that,  in  grateful  return,  the 
assemblies  did,  from  time  to  time,  cheerfully  support 
the  government,  and  made  ample  provision  for  all  ex- 
peditions, as  well  as  for  all  other  exigencies,  for  the  se- 
curity of  the  colony,  and  the  service  of  the  crown 
That  while  publick  monies  were  at  the  disposal  of  the 
governour  and  council,  they  were  misapplied,  and  that 
the  assembly,  to  correct  the  evil,  directed  such  monies 
as  were  raised  for  the  forces  intended  for  the  security 
of  the  colony,  to  pass  through  the  hands  of  a  persoa 
appointed  by  the  legislature  :  That  queen  Ann  had 
sanctioned  this  procedure,  and  allowed  the  colony  to 
have  a  treasurer  of  its  own  :  That  to  discharge  the 
heavy  debts  it  had  incurred,  the  excise  duties  had 
been,  and  still  were,  pledged  for  its  redemption  :  That 
formerly  the  rents  reserved  to  his  majesty,  on  lands 
granted  in  the  colony,  all  seizures,  forfeitures  and 
dues,  that  arose  in  it  to  the  crown  were  applied 
for  the  support  and  incidental  expenses  of  the 
government  :  That  though  this  application  was 
now  discontinued,  yet  the  legislature  had  granted 
a  more  ample  support  than  any  of  the  neighbouring 
colonies  :  That  it  had  provided  largely  for  firev/ood 
and  candles  for  his  majesty's  troops  ;  that  it  had  grant* 
ed  considerable  presents  to  the  Six  Nations  of  Indians  ; 
that  it  had  erected,  at  a  vast  expense,  a  battery  of  fifty 
guns,  at  the  entrance  of  the  harbour  of  New- York  ; 
and  also  new  forts  at  Albany^  Schenectady,  and  among 
the  Mohawk  Indians  ;  besides  victualling  five  hundred 
troops  on  an  expedition  to  tJhe  We^^t  Indies :  That 


448 


ffHstiyry  oj  New-Yorh 


though  deficiencies  in  the  revenue,  to  the  amount  of 
several  thousand  pounds,  had  arisen,  while  publick 
monies  were  under  the  controul  of  the  governour  and 
council,  yet  the  house  had  never  failed  in  granting  the 
necessary  supplies  for  the  support  of  government  : 
That  the  house  disavowed  any  intention  of  throwing  off 
their  dependence  on  the  British  crown,  aftirtning  its 
loyalty  and  attachment  to  his  majesty  :  That  the  audi- 
tor general  (Horatio  Walpole,  esq.)  would,  no  doubt, 
receive  a  compensation  from  the  king  ;  yet  that  consi- 
derable sums  had  passed  through  the  lieutenant  gover- 
nour for  his  use  :  That  trade  and  commerce  had  dimin- 
ished :  That  this  was  to  be  ascribed  to  the  heavy  bur- 
thens laid  upon  commerce,  from  which  many  evils  were 
to  be  apprehended,  and  that  "  many  instances  might 
be  given  where  the  channel  of  trade  has  been  di- 
verted, it  has  rarely  (if  ever)  been  retrieved  That 
an  agent  at  the  court  of  Great  Britain  would  be 
of  essential  benefit  to  the  colony,  "  if  depending 
Oily  and  payahle       the  general  assembly     and  that 
the   house  indulged  the  hope  that  if  a  bill  for  the 
purpose  was  presented  to  the  lieutenant  governour^, 
it  would  receive  his  assent :  That  the  house  would 
make  provision  for  repairing  the  loss,  by  the  late  fires, 
in  Fort  George  :  That  it  regretted  that  among  the 
military  stores  which  had  been  sent  over  for  the  de- 
fence of  the  colony,  a  sufficient  quantity  of  gunpowder 
had  not  been  provided,  a  duty  which  the  crown  had 
ever  observed  in  regard  to  this  country  :  That  the  ex- 
pense of  transporting  the  military  stores,  mounting  the 
gun«,  and  other  necessary  expenses,  would  be  duly  at- 
tended to  :  That  the  better  regulating  the  negroes,  and 
Ihe,  ether  subjects  reconjmended  by  the  lieutenant  gp- 


IRstory  #/  New-Yorh 


449 


rermvit  would  be  duly  considered  and  acted  upon  by 
the  house*  In  this  paper  warfare  between  the  lieutenant 
governour  and  the  assembly,  the  latter  had  evidently 
the  advantage.  In  the  speech  we  observe  those  ef- 
forts of  a  high  toned  ambition  to  place  the  g  ^vernment 
out  of  the  reach  of  the  people  ;  while  in  the  answer  a 
firm,  yet  moderate,  adherence  to  truth,  is  its  distinguiiih- 
ing  trait. 

§  IV.  Notwithstanding  the  decided  attitude  of  the 
house,  it  voted  liberal  supplies  for  the  support  of  the 
war.  3,281/.  13^.  lid.  were  voted  for  military  works 
and  preparations  in  and  about  New-York.  200/.  w<  re 
Toted  for  fitting  out  two  sloops  to  go  in  search  of  sojue 
Spanish  privateers  which  were  hovering  about  the  har- 
bour. 30/.  were  promised  by  tiie  house  to  each  volun- 
teer who  should  be  maimed  or  disabled  in  that  service. 
Meanwhile  provision  was  made  against  the  irruptions  of 
the  Indians  on  the  frontiers,  and  for  securing  tiie  friend- 
sliip  of  such  as  were  considered  in  the  British  interest. 
1'he  commissioners  of  Indian  affairs  at  Albany  (Myndert 
Schuyler,  Abraham  Cuyler,  Dirck  Tea  Broeck,  R>er 
Gerritse,  Johannis  Lan.4ng,  junior,  Hendrick  Ten 
Ejck,  John  Schuyler,  junior,  and  John  De  Peyster) 
informed  the  house  of  the  scarcity  of  provisions 
among  the  Seneca  Indians,  and  of  the  design  of  the 
French  to  effect  a  settlement  at  Tierondequat.  The 
house  voted  monies  to  purchase  provisions.  The  grand 
jury,  which  had  presented  indictments  against  such  as 
were  concerned  in  the  negro  ploty  were  called  in,  and 
publickly  thanked,  by  the  speaker,  on  behalf  of  the  as- 
sembly, for  their  vigilance  and  attention^  in  bringing 
the  ofienders  to  justice.   After  a  few  bilk  were  pa^^sed, 


450 


History  oj  Nm-York. 


relating  principally  to  fortifications,  the  house  was  ad- 
journed to  the  September  following.  In  giving  the  de- 
tails of  the  executive  and  legislative  proceedings  of  the 
colony,  we  are  ready  to  remark  the  same  dull  monoto- 
nous course  on  the  part  of  the  governours,  at  almost 
every  session.  The  topics  which  occupy  their  speech- 
es, are  revenue,  fortifications,  the  decay  of  trade,  and 
the  condition  of  the  Indians,  Seldom  diversified  with 
other  matter,  their  addresses  are  barren  as  to  state  af- 
fairs, of  more  general  importance.  If,  therefore,  the 
historian  should  be  charged  with  a  repetition  of  the 
same  subjects,  let  it  be  remembered,  that  the  same  sub- 
jects were  constantly  presented  to  the  consideration  of 
the  legislature :  That  the  circumscribed  sphere,  to 
which  we  are  limited,  forbids  a  detail  of  facts,  not 
imniediately  connected  with  (mr  history  ;  and  that  we  are 
treating  of  a  colony,  not  of  a  kingdom.  A  colony  too, 
containing  a  population  even  less  than  that  of  the  city 
of  New- York,  at  the  present  day. 

$  V.  Before  the  next  session,  the  British  forces  had 
{succeeded  in  effecting  a  landing  on  the  island  of  Cul>a, 
and  general  Wentworth  had  urged  the  lieutenant  go- 
Ternour  to  send  him  additional  forces.  It  w^as  also  un- 
derstood, that  a  governour  [Clinton]  had  been  appoint- 
ed to  supersede  Mr.  Clarke,  in  the  government  of  tlie 
colony.  Mr.  Clarke  urged  this  circumstance  to  the 
house,  at  its  September  session,  as  an  evidence  of  his 
being  disii?terested  in  the  subjects  he  pressed  upon  the 
consideration  of  the  assemt)ly.  He  likewise  called  its 
attention  to  the  importance  of  passing  laws  for  the  in- 
spection of  flour,  the  staple  commodity  of  the  colony. 
He  again  urged  the  house  to  provide  for  the  rebuilding 


History  of  New- York. 


451 


of  the  erlifires  in  fort  George,  which  had  been  destroyed 
by  fire,  not  forgetting  the  stale  and  often  repeated  sub- 
ject of  raising  a  revenue  for  a  term  of  years.  It  was  won- 
derful that  the  bold  and  inflexible  spirit  of  the  house 
had  not  taught  him  the  vanity  of  hoping  for  success  on 
this  last,  but,  to  him,  most  ialeresting  topic.  The  house 
voted  an  address  to  his  honour.  The  intrepid  colonel 
Morris  was  one  of  the  cominittee  appointed  to  prepare 
it.  It  is  an  address  of  great  length  and  unconurion 
ability.  It  will  be  unnecessary  to  review^  it  in  detail, 
as  most  of  the  subjects  it  embraces  have  already  been 
anticipated.  Several  petitions  were  presented  frora 
persons  who  had  been  confined  for  debt  for  several 
years,  praying  legislative  aid  for  their  discharge.  Bills 
for  tlieir  relief  were  ordered  to  be  brought  in.  The 
quakers,  being  by  the  laws  of  the  colony  exempt  from 
serving  as  jurors,  an  attempt  was  made  to  take  away 
their  privilege  by  bill ;  but  the  house  rejected  it,  by 
fifteen  votes  to  three.  500/.  were  voted  for  trans- 
p  Tling  one  hundred  effective  men  to  the  West 
Indies.  Daniel  Horsmanden,  esquire,^^  was  request- 
ed by  the  house  to  collect  and  revise  the  laws  in 
force,  with  suitable  notes  and  references.  It  does  not 
appear,  however,  that  this  work  was  ever  completed^ 
The  house,  in  a  humble  address  to  his  majesty,  prayed 
that*  the  crown  might  grant  a  sufficient  sum  to  rebuild 
the  edifices,  which  had  been  destroyed  by  fire,  in  fort 


*  Mr.  Horsmanden  was  a  judge  of  the  supreme  court.    To  his  age^ 
and  growing  infirmities,  may  be  ascribed  the  introduction  of  that  ar- 
ticle in  our  state  eonstitation  which  limits  the  duration  of  the  office  of 
JudgCo 


A52 


History  of  New- York. 


George.  After  the  lieutenant  governour  had  given  his 
assent  to  eleven  laws,  the  house  adjourned  till  the  16th 
March,  I7U-2;  Among  the  number  of  laws  passed, 
we  do  not  find  any  which  afforded  relief  to  unfortunate 
imprisoned  debtors  ;  so  much  was  the  government 
wedded  to  that  sanguinary  policy  which  stains  the  an- 
nals of  English  jurisprudence,  and  permits  an  exaspe- 
rated creditor  to  incarcerate  his  unfortunate  debtor 
for  life.  The  house  in  its  next  session,  (and  which  was 
continued  to  October)  was  principally  occupied  in 
making  appropriations  for  the  defence  of  the  colony, 
and  raising  a  revenue  sufficient  to  meet  the  expense.  It 
again  met  in  April,  1743.  Several  of  the  magistrates 
of  the  colony  having  been  proceeded  against  by  infor- 
matiorij  (a  powerful  instrument  in  the  hands  of  the 
crow^n  lawyers)  for  not  repairing  the  court  houses  and 
gaols  in  their  counties,  a  bill  was  directed  to  be 
bn>ught  in  to  prevent  such  vexatious  proceedings  in 
future,  but  it  did  not  pass  into  a  law. 

f  VI.  On  the  23d  of  September,  1743,  his  excellency 
George  Clinton,  who  had  been  constituted  governour 
of  the  colony,  arrived,  and  his  appointment  was  duly 
proclaimed  ;  thus  superseding  Mr.  Clarke  in  the  go- 
vernment of  the  colony. 

^  VII.  When  we  consider  the  administration  of  lieu- 
tenant governour  Clarke,  we  shall  find  little  to  dis- 
tinguish it  from  that  of  his  predecessor ;  at  least  in 
one  important  particular,  namely,  that  of  a  strict 
and  pertinacious  adherence  to  prerogative.  It  cannot 
be  denied  that  he  possessed  a  greater  share  of  pru- 
dence:, and  certainly  more  talents  for  governoient^ 


History  of  New-Yorkn 


453 


4han  Cosby.  During  a  period  of  more  than  seven 
years  he  evinced,  with  but  one  or  two  exceptions, 
a  strong  desire  to  conciliate  the  affections  of  the 
people.  Apart  from  his  notions  of  monarchy,  he  con- 
tributed much  to  the  prosperity  of  the  colony.  His 
constant  attention  to  the  promotion  of  trade  and  com- 
merce, entitle  him  to  applause.  Though  he  did  not 
possess  the  suavity  of  manners  which  distinguished 
his  predecessor,  he  was  his  equal  in  integrity,  and  far 
his  superiour  in  acquired  knowledge  and  vigour  of 
intellect.  His  speeches  do  credit  to  him  as  a  scho- 
lar, and  his  arguments  required  the  combined  talents 
of  the  assembly  to  weaken  or  destroy. 

George  Clarke  was  descended  from  an  ancient  and 
respectable  family,  of  that  name,  in  Somersetshire,  whose 
family  residence  and  estate  was  at  Swainswick,  near  Bath, 
and  in  whose  possession,  as  tradition  goes,  is  a  sword,  said 
to  have  belonged  to  King  Bladud,  who  first  discovered 
the  virtues  of  the  Bath  waters.  Mr.  Clarke,  in  early  life, 
pursued  the  study  of  the  law,  and  was  married  to  Mis^ 
Ann  Hyde,  an  heiress  of  the  elder  branch  of  the  house 
of  Hyde,  in  the  county  Palatine  of  Chester,  about  the 
year  1703  or  1704.  He  came  over  to  this  country,  and 
continued  in  the  service  of  the  crown  and  colony  till  af^ 
ter  the  breaking  out  of  the  war  in  1 743,  when  he  was  su- 
perseded by  Mr.  Clinton.  In  the  year  1745,  on  his  re- 
turn to  Great  Britain,  he  was  captured  by  the  French, 
but  soon  after  being  released,  he  retired,  for  the  re- 
mainder of  his  days,  to  the  city  of  Chester,  where  he 
died  in  1763,  and  bequeathed  his  property  to  hia 
©nly  surviving  male  issue,  George  and  Edward,  who, 
with  four  other  of  his  children,  were  born  in  the 


454 


History  of  New-York. 


state  of  New- York.  George  was  many  years  se- 
cretary to  the  province,  which  he  resigned  about 
tlie  year  1772,  and  died  at  Hyde,  in  the  year  1776, 
having  never  been  married.  Edward  was  in  the  army, 
and  commanded  a  company  of  Albany  provincials, 
at  the  taking  of  the  Havanna,  under  lord  Albermarle  ; 
and  for  his  services  was  made  a  major  on  the  field.  He 
afterwards  went  over  to  Jamaica,  having  retired  from 
the  service,  and  again  returned,  in  1772,  to  this  coun« 
try  ;  from  whence  he  went  over  to  England  and  died  in 
1774.  He  left  only  one  son,  George  Hyde  Clarke, 
whose  eldest  son  George,  is  the  present  possv  ssor  of  the 
estates  of  his  ancestors  in  this  state,  and  has  two  sons> 
in  this  country,  viz.  George  Hyde,  and  Edward  Hyde, 
who,  on  the  5th  of  August,  1811,  declared  their  inten- 
tion of  becoming  citizens,  in  conformity  to  the  act 
of  congress  to  establish  an  uniform  rule  of  naturaliza- 
tion. We  have  been  led  into  this  lineal  detail,  be- 
cause, in  reverting  to  our  history,  we  find  this  family 
among  the  few  that  were  high  in  office,  who  have  re- 
tained their  possessions  through  the  convulsions  of  the 
revolution. 

At  the  close  of  the  administration  of  Clarke,  the 
finances  of  the  colony  were  not  in  the  most  prosperous 
condition.  The  duties  on  negro  slaves,  wine,  rum, 
brandy,  cocoa,  and  dry  goods,  from  September,  1741, 
to  September,  1742,  amounted  to  2197/.  7^.  \\d.  only  ; 
while  the  expenses  of  government,  for  about  the 
game  period,  amounted  to  upwards  of  4600/.  This  de- 
ficit is  to  be  ascribed  to  the  enormous  salaries  allowed 
to  the  lieutenant  governour,  and  other  officers,  and 
to  the  large  sums  of  money  expended  for  military  pur- 


History  of  New-YorJc. 


455 


poses,  and  for  securing  and  retaining  the  friendship  of 
the  Six  Nations  of  Indians.  Whenever  the  governours 
of  the  colony  required  heavy  requisitions  to  be  made 
upon  the  purses  of  the  j>eople,  they  had  only  to  inform 
the  assembly  of  the  evils  to  be  apprehended  from 
the  intrigues  of  the  French  among  the  Indians,  of  their 
attempts  to  alienate  their  affecti(?n  from  the  Britishj 
and  of  the  danger  to  the  religion  and  liberties  of  the 
people,  from  the  efforts  of  popery,  like  true  protestants 
and  Englishmen^  they  immediately  voted  large  sup-* 
plies. 


HISTORY  OF  mEW-YORK- 


PAllT  XL 

Including  from  the  Year  1743  to  the  Year  1745,  being 
two  Years  of  Governovr  Clinton's  Administration. 


?  I.  Arrival  of  governour  Clinton.  §  IT.  The  pretender  obtains  the 
French  interest  in  his  favour  for  the  invasion  of  England  ;  war  be- 
tween France  and  England.  §  III.  Meeting  of  the  assembly. 
§  IV.  Its  continuance  regulated ;  measures  of  defence  and  other  pro- 
ceedings. §  V.  April  session,  1744;  assembly  unite  with  the  g(  vt;r- 
Dour  in  war  measures.  §  VI.  Remarkable  claim  of  lieutenant  gover- 
nour Clarke.  §  VII.  July  session.  §  VIII.  Bill  requiring  test 
oaths  ;  British  fur  trade  ;  defence  of  Oswego.  §  IX.  Cannon  sent 
to  Georgia  ;  complaint  by  Virginia  against  the  Indians.  §  X.  In- 
vasion of  Canada  5  paper  currency.  §  XI.  Assembly  disinclined  to 
attack  Canada  ;  rupture  between  it  and  the  lieutenant  governour; 
dissolution  of  the  house. 


The  arrival  of  Mr,  Clinton  diffused  no  little  joy 
throughout  the  colony.  Very  favourable  accounts  of 
that  gentleman's  talents  and  liberality  had  reached  the 
inha})itants,  and  Ihev  were  induced  to  believe  that  his 
whole  attention  and  services  would  be  devoted  to  the 
prosperity  of  the  country.  His  address  to  the  legisla- 
ture, on  his  arrival,  tended  to  confirm  these  favourable 
impressions.  His  assurances  that  the  welfare  of  the 
colony  should  be  his    chief  care  and  study,"  were  re- 

58 


458 


History  of  Nerv-York. 


ceived  with  unbounded  confidence.  Mr.  Clinton,  ac- 
cording to  the  practice  of  former  governours,  on  the 
first  publication  of  their  commission,  dissolved  the 
general  assembly,  and  issued  writs  for  a  new  election ; 
a  practice  highly  agreeable  to  the  people,  and  especial- 
ly at  the  present  juncture  of  affairs  in  England. 

^  II.  The  chevalier  de  St.  George,  (the  pretender,)  ow- 
ing to  the  dissentions  in  the  British  parliament,  had  been 
encouraged  to  believe  that  a  powerful  party  in  England 
and  Ireland  were  ripe  for  a  revolt  in  his  favour.  He 
had  given  the  French  court  to  understand  that  if  he,  or 
his  eldest  son,  Charles  Edward,  a  youth  of  promising 
talents,  could  appear  at  the  head  of  a  French  army  in 
England,  a  revolution  in  his  favour  would  be  the  imme- 
diate consequence  of  his  enterprise.  Little  argument 
was  wanting  to  engage  the  French  ministry  in  his 
interest.  An  invasion  was  soon  meditated,  and  the 
expedition  was  placed  under  the  direction  of  count 
Saxe,  who  was  to  command  fifteen  thousand  men. 
A  great  number  of  vessels  was  assembled  for  their 
embarkation  at  Dunkirk,  Calais,  and  Boulogne,  with 
a  view  of  effecting  a  landing  in  Kent,  in  England, 
under  convoy  of  a  strong  squadron,  which  was 
preparing  at  Brest.  In  .January,  M.  de  Roquefeuille, 
sailed  from  that  port  with  twenty  ships  of  war. 
The  English  government  was  not  unapprized  of  these 
hostile  preparations,  and  every  exertion  was  made  to 
guard  the  coast  against  the  threatened  invasion.  The 
French  king  declared  w  ar  against  England  on  the  20th 
day  of  March,  1744,  and  on  the  31st  of  the  same 
month,  England  made  a  similar  declaration  against 
France* 


History  of  New-York. 


459 


$  III.  To  alarm  the  colonists,  to  call  their  loyaltj^ 
into  action,  and  to  induce  them,  like  true  Englishmen, 
to  direct  all  their  energies  to  one  object,  it  was  only  ne- 
cessary to  tell  them  that  their  religion  and  their  liber- 
ties were  in  danger  from  the  pretender  and  the  pope  ; 
an  association  of  characters  which  was  the  constant 
representation  of  rebellion,  treason  and  destruction. 
Colonel  Morris,  who  has  already  been  mentioned,  re- 
ported an  address  to  his  excellency,  at  the  Novem- 
ber session,  in  1743,  This  gentleman,  although  hos- 
tile to  the  court,  could  not  resist  the  powerful 
influence  which  these  threatened  mnltiplied  evils 
had  produced  on  the  minds  of  the  people.  He  was,  as 
usual,  returned  a  member  from  Westchester,  and  the 
address,  which  he  reported  to  the  assembly,  was  an  ef- 
fusion of  loyalty  to  the  British  king,  and  exhibited  a 
zealous  adherence  to  the  religion  of  his  ancestors.  The 
speech  of  the  governour  was  mild  and  uinassuming. 
The  answer  was  complimentary,  and  passed  over  in  si- 
lence all  the  former  subjects  of  difference  between  the 
executive  and  the  assembly. 

$  IV.  Yet  soon  after  the  opening  of  the  session, 
the  house  recurred  to  a  discussion  which  had  hith- 
erto frequently  occupied  its  attention.  It  voted, 
ncmine  contradicente^  that  a  bill  be  brought  in  to  as- 
certain the  continuance  of  this  and  all  succeeding 
general  assemblies  in  the  colony.  It  will  be  seen, 
from  the  history  of  the  colony,  that  the  frequent 
adjournments,  prorogations,  and  dissolutions  of  the 
assembly,  on  account  of  their  attachment  to  the  in- 
terests of  the  people,  w^ere  particularly  obnoxious. 
Besides,  the  great  expense  incurred  by  these  pow- 


460 


History  of  New-  YorL 


erfql  instruments  of  monarchical  power,  the  people 
were  often  required  to  make  an  election  when,  but  a 
few  months  before,  their  representatives  had  been 
discharged  from  service  on  the  charge  of  obstinacy  and 
disloyalty  ;  and  the  whole  force  of  executive  influence 
was  directed  against  their  re-election*  It  is  true  that 
these  efforts  were  generally  unavailing  ;  but  feuds  and 
quarrels  were  created  thereby  unfriendly  to  the  peace 
and  comfort  of  the  colony.  The  bill  for  limiting  the 
continuance  of  the  general  assembly  was  passed,  and 
recf  ived  the  assent  of  the  governour.  At  this  session 
likewise  a  bill  for  the  relief  of  imprisoned  debtors  was 
passed  into  a  law.  The  militia  of  the  colony  was  plac- 
ed under  better  regulation,  after  some  difference  of 
opinion  between  the  house,  and  the  governour  and 
council.  The  credit  of  the  paper  currency  was  sup- 
ported by  a  law  ;  legacies  were  made  recoverable  in 
the  courts  of  common  law,  alid  the  annual  supply  bill 
was,  as  usual,  discussed,  and,  after  some  restrictions,  re- 
ceived the  assent  of  the  governour  and  council.  The 
small  pox  prevailing  in  some  of  the  West  India  islands, 
occasioned  the  introduction  of  strict  quarantine  regula- 
tions. Although  the  bill  for  regulating  prosecutions 
by  information  passed  the  house,  it  was  not  acted  upon 
by  the  council.  The  attorney  general,  it  seems,  had  too 
much  influence  with  that  body,  to  permit  so  lucrative  a 
branch  of  his  business  to  be  sacrificed.  The  governour, 
after  communicating  to  the  house  the  European  intelli- 
gence he  had  received  in  relation  to  hostilities  with  the 
French,  and  exhorting  the  house  to  unite  in  resisting 
the  encroachments  of  the  enemy,  adjourned  the  house 
lo  April,  1744.   All  local  subjects  of  dispute  among 


Hisfori/  of  Nov-Yoi'k. 


4G1 


the  colonists,  seemed  now  to  be  absorbed  in  the  more 
-important  considerations  of  warfaie  and  defence. 

9  V.  Ardent  in  the  support  of  the  British  crown  against 
the  power  and  influence  of  the  French  and  the  pretender, 
the  people  were  not  inclined  to  examine  too  closely  the 
conduct  of  ttieir  rulers.  So  zealous  was  the  assembly 
in  the  cause  of  their  king,  that  at  its  April  session,  in 
1744,  it  united  in  addressing  the  governour  to  thank 
him  for  his  speech,  and  to  express  the  abhorrence  of 
ihe  base  designs  of  his  majesty's  enemies  of  invading 
his  kingdom  in  favour  of  a  popish  pretender  ;  declaring 
how  sensif)le  they  were  of  the  happiness  they  enjoyed 
imder  his  majesty's  reign  ;  and  that  their  civil  and  reli- 
gious rights,  next  under  God,  depended  on  the  protest- 
ant  succession  in  his  ilhistrious  house  :  That  they  would 
cheerfidly  concur  in  every  measure  for  the  security 
and  welfare  of  the  colony,  which  they  were  well  as- 
sured  his  excellency  had  sincerely  at  heart.  The  sin- 
cerity of  the  assembly,  in  this  address,  is  evident  from 
the  earnestness  with  which  they  pursued  the  system  of 
defensive  measures.  Upwards  of  four  thousand  pounds 
were  voted  for  fortifications,  and  other  military  opera- 
tions ;  a  tax  upon  all  the  estate,  real  and  persoai,  of  the 
inhabitants,  was  likewise  voted  to  defray  the  expense. 
The  house  requested  the  governour  to  send  a  detach- 
ment of  troops  to  Oswego,  which  post,  it  was  said,  was 
in  danger  from  the  enemy,  and  voted  to  pay  the  charge 
of  transporting  and  victualling  those  troops. 

P  VL  The  former  lieutenant  governour,  Clarke,  present- 
fid  a  memorial  to  the  house,  setting  forth  that  the  sum  of 
13,203/.  17^.  l^d.  was  due  to  him  from  the  colony,  as 
well  under  several  of  its  laws,  as  by  virtue  of  several 


162 


History  of  New-  York. 


warrants  signed  in  council,  and  praying  that  the  trea- 
surer of  the  colony  might  be  directed  to  pay  it.  The 
treasurer  having  been  served  with  a  copy  of  this  me- 
morial, repelled  the  charge  made  by  Mr,  Clarke,  insist- 
ing that  not  more  than  one  thousand  and  sixty-two 
pounds  was  due  to  Mr.  Clarke,  and  that  he  would  long 
since  have  endeavoured  to  pay  the  arrears,  could  he,  the 
treasurer,  have  obtained  from  Mr.  Clarke  any  account 
of  the  several  bills  or  drafts  on  him,  payable  to  other 
persons,  in  order  to  compare  and  examine  the  same 
with  his  own  accounts  :  That  Mr.  Clarke  had,  during 
his  whole  administration,  been  as  duly  paid,  if  not  bet- 
ter, than  any  governour  or  commander  in  chief.  This 
altercation  only  proved  that  Mr.  Clarke  was  willing  to 
indulge  his  spleen  against  a  faithful  officer,  who  could 
not  be  made  subservient  to  his  political  views.  The 
subject  did  not  again  appear  before  the  house,  although 
Mr.  Clarke  was  served  with  a  copy  of  the  treasurer's 
denial  of  the  facts  charged  in  his  memorial. 

^  VII.  The  assembly,  having  taken  a  short  recess, 
was  reassembled  in  July.  The  governour,  in  his 
speech,  informed  the  house  of  the  war  in  Europe, 
and  of  tiie  causes  which  produced  it.  He  stated, 
that  the  several  fortifications  in  New-York,  Albany, 
Oswego,  and  the  garrisons  throughout  the  colony, 
lequired  augmentation  and  support  :  That  some  can- 
non and  ammunition  had  been  sent  to  Oswego,  to- 
gether with  a  reinforcement  of  men :  That  a  detach- 
ment had  been  sent  to  Saratoga :  That  an  interpreter 
had  been  sent  to  the  Indians ;  and  that  six  of  them  had 
likewise  been  employed  as  scouts,  and  to  watch  the  mo- 
tions of  the  enemy  :  That  at  tlie  interview  which  his  ex- 
cellency had  with  the  Six  Nations  of  Indians,  at  Al- 


History  of  Neiv-York. 


463 


bany,  they  appeared  disinclined  to  take  a  part  in  the 
war,  unless  the  French  attempted  to  invade  the  pro- 
vince: That  commissioners  from  Massachusetts  and 
Connecticut  had  likewise  attended  that  interview,  in  or- 
der to  revive  the  ancient  amity  and  alliance,  which 
subsisted  between  those  provinces  and  the  Indians, 
and  his  excellency  had  given  encouragement  to  that 
object  as  a  measure  which  would  strengthen  his  majes- 
ty's interest  in  America.  He  also  exhorted  the  house 
tf)  provide  against  attacks  upon  the  coast,  and  to  take 
measures  to  guard  the  colonial  commerce  from  the  de- 
predations of  the  enemy.  He  regretted  the  heavy  ex- 
pense to  which  the  people  would  be  subject,  but  he 
trusted  that  the  important  objects  in  view,  viz.  the 
protection  of  their  civil  and  religious  rights  would  be  a 
sufficient  compensation  for  the  expense.  The  assembly 
directed  its  clerk  to  write  circular  letters  to  all  the 
members  of  the  house,  requiring  their  punctual  attend- 
ance. It  afterwards  voted,  unanimously,  that  as  his  ma- 
jesty was  engaged  in  a  war  with  France  and  Spain,  the 
house  would  provide  ways  and  means  for  putting  the 
colony  into  such  a  posture  of  defence  as  would  on  the 
one  hand  discourage  the  enemy  from  making  an  attack, 
and  on  the  other,  would  excite  the  inhabitants  to  make 
a  vigorous  defence,  in  case  such  attack  should  be  made. 
The  assembly  were  industriously  employed  in  prepar- 
ing for  the  war.    Supplies  were  liberally  voted. 

^  VIII.  A  bill  was  brought  in,  requiring  all  per- 
sons in  the  colony,  to  take  the  oaths  appointed  by 
parliament  for  the  security  of  the  government  and  the 
protestant  religion.  Mr.  Jones,  from  Queens  county, 
opposed  the  bill.  He  stated  that  there  was  not  one  pa- 
pist or  jacobite  in  a  hundred  in  the  colony,  and  that  the 


464 


Historij  of  New-York. 


provisions  in  the  bill  were  unreasonable,  and  placed  the 
inhabitants  under  restrictions,  which  were  improper  and 
unnecessary  :  That  the  loyalty  of  the  colony  was  never 
doubted,  and  that  the  bill  seemed  to  imply  that  there 
were  reasons  to  question  their  allegiance  to  the  British 
crown,  which  was  a  reflection  highly  unjust  and  injuri- 
ous. In  support  of  the  bill,  it  was  urged  that  in  Dutch- 
ess county,  a  number  of  Moravians  were  unfriendly  to 
the  government,  and  secretly  exciting  the  Indians  to 
revolt.  The  bill  was  carried  by  fourteen  votes  to  se- 
ven. Quakers  were  indulged  in  affirming  instead  of 
swearing.  Meanwhile  the  war  had  occasioned  consid- 
erable alarm  along  the  frontiers.  Their  exposed  situa- 
tion, as  it  regarded  the  French  government,  in  Canada^ 
and  the  Indians  in  the  interest  of  that  crown,  had  seri- 
ously injured  the  British  fur  trade,  from  which  great 
profit  had  been  derived.  The  Indian  traders,  at  Oswe- 
go, had  abandoned  the  place  upon  the  first  notice  of  the 
war.  This  gave  great  encouragement  to  the  French^ 
who  improved  it  much  to  the  disadvantage  of  the  En- 
glish. The  Indians  began  to  look  to  the  enemy  for 
protection,  believing  the  English  were  too  weak  or  too 
pusillanimous  to  defend  their  rights.  An  attack  upon 
Oswego  was  likewise  designed  by  the  enemy.  The  as- 
sembly ordered  that  a  detachment  should  be  sent  from 
Albany  to  increase  the  garrison  at  Oswego,  and  voted, 
that  in  case  that  place  should  be  attacked,  further  rein- 
forcements should  be  sent,  at  the  expense  of  the  colo- 
ny. Vigorous  measures  were,  every  where,  adopted 
to  give  the  enemy  a  warm  reception.  Stephen  Van 
Rensselaer,  esquire,  had  engaged  to  furnish  fire  wood 
and  candles  for  all  the  garrisons  in  Albany  county,  and 
the  house  voted  the  necessary  supplies.         were  vot- 


History  of  New-York. 


465 


ed  to  Ml-  Jacobus  Bleecker,  for  his  services,  as  inter- 
preter for  the  Indians.  220/.  were  appropriated  iot 
presents  to  the  Indians,  and  for  the  expenses  of  the 
comujissioners  for  Indian  affairs  at  Albany.  Large 
suais  were  voted  for  other  purposes,  and  nothing  was 
wanting  to  evince  the  loyalty  and  zeal  of  the  assembly* 
Several  French  prisoners  having  been  brought  into  the 
colony,  the  governour  requested  the  house  to  make 
provision  for  their  support.  The  assembly,  in  its  an- 
swer, proposed  that  the  prisoners  should,  without  delay, 
be  sent  out  of  the  colony,  as  the  charges  of  the  war 
were  already  sufficiently  severe  upon  the  people.  The 
governour  assented  to  the  reasonableness  of  tliis  propo* 
sal,  and  gave  assurance  that  speedy  measures  should  be 
adopted  to  carry  it  into  effect.  The  prisoners  were  af- 
terwards sent  to  St.  Domingo,  under  a  flag  of  truce. 

^  IX.  The  proceedings  of  the  governour  and  coun- 
cil were  alike  decided  with  those  of  the  assembly. 
Fourteen  twelve  pounders  were  sent  by  that  body  to 
general  Oglethorpe,  the  governour  of  Georgia,  to  aid 
in  the  defence  of  that  colony.  Supplies  were  prohibit- 
ed to  be  sent  to  Cape  Breton,  and  the  exportation  of 
gunpowder  was  interdicted.  A  complaint  w  as  made 
to  the  council  by  the  governour  of  Virginia.  He 
stated  that  some  of  the  Six  Nations  of  Indians  had  ap- 
peared on  the  frontiers  of  that  province,  and  had  killed 
some  of  the  white  people,  and  carried  off  their  proper- 
ty. The  commissioners  of  Indian  affairs  addressed  the 
governour  on  the  subject,  who  sent  an  interpreter  to 
Onondaga,  to  make  enquiries  from  the  Indians.  The 
interpreter  returned  with  an  answer  from  them,  denying 
the  complaint  in  part,  and  adding  that  the  Virginm 
people  tirpi  fired  upon  the  Indiaof:, 

69 


466 


History  of  New-Yorlc. 


^  X.  The  English  government  now  gave  express  or-- 
ders  to  the  governour,  to  carry  hostilities  into  the  ene- 
my's territory.  The  Canadas  were  always  viewed  as 
an  object  of  the  greatest  importance  to  the  British 
crown.  The  present  war  afforded  an  opportunity  of 
obtaining  this  prize,  and  the  governour  was  known  to 
be  devoted  to  the  interest  of  the  ministry,  and  that  he 
would  leave  no  expedient  untried  to  prevail  on  the  as* 
sembly  to  second  the  crown  in  this  enterprise.  Ac* 
cordingly,  at  the  March  session,  in  1 744-5,  he  informed 
the  house,  that  the  attempts  made  by  the  French,  the 
preceding  summer,  upon  Annapolis,  had  induced  the 
province  of  Massachusetts  to  form  a  plan  for  invading 
the  French  settlements  in  Canada ;  and  that  governour 
Shirley  wished  the  colony  of  New- York  to  co-operate 
with  Massachusetts  in  this  design :  That  he,  Mr.  Clin- 
ton, had  sent  ten  pieces  of  ordnance  to  Boston,  and  he 
urged  the  house  to  adopt  measures  for  carrying  on  an 
offensive  war  against  the  French.  Before  the  house 
proceeded  to  consider  the  speech  of  the  governour,  the 
intelligence,  received  from  England,  relative  to  the  paper 
currency  of  the  colony,  became  highly  alarming.  The 
speaker  declared,  from  the  chair,  that  there  was  a  hill 
pending  before  parliament,  to  prevent  the  issuing  of 
colonial  bills  of  credit,  arid  the  making  them  a  legal 
tender  in  payment  of  money  :  That  this  bill,  if  passed, 
would  be  injurious  to  the  colony.  The  house  appoint- 
ed a  committee  to  consider  the  subject.  Ttiis  commit- 
tee made  a  long  report,  clearly  evincing  the  utility  of 
this  species  of  paper  money ;  and  that,  without  it,  the 
colony  would  not  have  been^  able  to  support  the  go- 
vernment, especially  in  raising  forces  ;  and  that  the 
credit  of  those  bills  had  never  been  i^xipaired.  The 


Hislory  of  New-YorJc. 


467 


liouse  voted  that  agents  should  be  eitiployed  in  Eng- 
land to  oppose  the  bill  before  parliament. 

^  XL  The  house  now  entered  upon  the  subjects  re- 
commended in  the  governour's  speech.  Contrary  to 
parliamentary  u^age,  it  neither  voted  an  address 
to  the  governour,  nor  any  answer  to  his  speech.  A 
strong  party  was  forming  to  oppose  those  gigantick 
views  of  conquest,  which  the  British  entertained  as  it 
regarded  the  Canadas.  The  house  was  resolved  upon 
defending  the  colony  and  securing  the  friendship  of 
the  Indians  ;  but  it  deemed  the  conquest  of  Canada  a 
business  of  the  crown,  and  not  appertaining  to  the  colo- 
jiial  affairs.  This  sentiment  of  the  house  was  offensive 
to  the  governour,  who  had  sent  assurances  to  England 
of  the  willingness  of  the  colony  to  support  the  war, 
and  that  it  was  here  a  very  popular  measure.  On  the 
14th  of  May,  1745,  he  sent  for  the  assembly;  he  charg- 
ed the  house  with  rudeness  and  incivility  in  omitting 
to  answer  his  speech :  That  sufficient  provision  had  not 
been  made  for  enabling  the  governour  to  have  the  ne- 
cessary interviews  with  the  Six  Nations  of  Indians,  and 
for  making  them  suitable  presents  :  That  by  thus  neg- 
lecting the  means  of  securing  the  fidelity  of  the  In- 
dians, the  enemy  were  enabled  to  seduce  them  from 
their  allegiance,  and  to  gain  an  ascendency  over  them  : 
That  the  erecting  of  blockhouses  and  forts,  and  the 
maintenance  of  scouts,  to  watch  the  motions  of  the  ene- 
my, had  not  received  due  attention  from  the  house. 
The  governour,  after  complaining  of  some  other  mat- 
ters, dissolved  the  house.  This  was  the  first  open  dis- 
agreement between  the  assembly  and  Mr.  Clinton.  Its 
causes  were  easily  traced.  The  taxes  imposed  upon 
the  colony  were  already  very  greatj,  and  the  house  felt 


468 


History  of  New-York. 


MO  disposition  to  increase  them,  unless  for  the  purposed 
of  defence  only.  On  the  other  hand,  the  Canadas  were 
too  valuable  an  acquisition  to  the  crown  to  be  aban- 
doned. Yet  the  charge  of  supporting  a  war  against  a 
liingdom  so  powerful  as  France,  was  burdensome  ta 
the  nation ;  and  it  was  natural  to  suppose  that  the  min^ 
istry  wished  the  colony  to  participate  in  the  expense. 

Other  subjects  of  irritati  on  likewise  existed  between 
the  governour  and  the  house.  Richard  Bradley,  esq. 
his  majesty's  attorney  general,  had  made  himself 
obnoxious  on  account  of  the  enormous  exactions  he 
had  imposed  upon  the  people.  The  assembly  had  de- 
termined to  restrain  the  exercise  of  this  officer  in  re- 
gard to  informations.  The  governour  and  council  were 
resolved  to  support  the  attorney  general.  Besides,  the 
governour  thought  himself  ill  treated  in  other  respects. 
Intelligence  had  been  received  that  seven  French  ships 
of  war,  viz.  two  of  seventy-four  guns,  two  of  sixty-four 
guns,  two  of  fifty-six  guns,  and  one  of  thirty-six  guns, 
with  upwards  of  twenty  sail  of  transports,  and  three 
thousand  six  hundred  troops,  had  arrived  at  Martinique, 
for  the  American  station.  This  fact  had  been  com- 
municated to  the  house,  as  w^ell  as  certain  letters  from 
the  duke  of  Newcastle,  signifying  his  majesty's  orders 
as  to  the  mode  of  carrying  on  the  war,  and  as  to  an  at- 
tack upon  the  French  settlements  in  Canada.  Com- 
modore Warren  likewise  had  received  instructions 
from  the  crown  to  demand  assistance  from  the  colonies, 
either  in  men,  provisions,  or  vessels.  All  these  sub- 
jects, though  pressed  upon  the  house,  were  not  regard- 
ed in  any  particular  manner,  nor  called  from  them  any 
further  measureg  or  support.   It  may  be  added,  that 


History  of  New- York. 


469 


the  governour  had  laid  before  the  assembly  a  petition 
from  some  of  the  settlers  on  the  northern  frontiers, 
setting  forth  their  exposed  situation  as  it  regarded  the 
Indians,  and  praying  for  protection,  and  that  the  house 
had  taken  no  order  upon  it.  All  these  circumstances 
tended  to  widen  the  breach  between  the  governour  and 
the  legislature  ;  and  what  at  length,  in  addition  to 
other  causes,  created  an  open  rupture,  was  the  omis- 
sion of  the^house  in  providing  for  repairs  done  to  the 
fortifications  at  Oswego  at  the  commencement  of  the 
French  war,  and  in  furnishing  lieutenant  Butler  with 
necessaries  for  his  passage  to  Oswego  the  preceding  falL 
The  governour's  pride  was  likewise  sensibly  affected 
by  the  high  and  decided  tone  assumed  by  the  house  as 
it  related  to  the  government  in  general.  He  made  use 
of  the  following  language  to  the  house  :  "  You  have 
adventured  to  take  upon  you  the  assignments  of  the 
plans  for  erecting  batteries  within  this  city  ;  to  direct 
the  number  of  guns  to  be  placed  upon  them,  and  to  or- 
der the  issuing  out  of  gunpowder  provided  for  the  use 
of  the  publick,  without  consulting  me  in  either  respect ; 
which,  in  effect,  is  assuming  the  administration  of  the 
government,  and  wresting  his  majesty's  authority  out 
of  the  hands  of  the  governour.  Thus  from  an  invinci- 
ble untowardness  on  the  one  hand,  and  an  inordinate 
thirst  of  power  on  the  other,  you  have  become,  as  it 
were,  a  dead  weight  against  the  other  branches  of  the 
legislature.^' 

Yet  if  we  consider  the  proceedings  of  the  house  in 
their  true  light,  we  cannot  concur  in  the  severe  censure 
which  was  cast  upon  it  by  the  governour.  All  its  pro- 
ceedings are  strongly  marked  with  attachment  to  the 


470 


History  of  New-York. 


crown  and  resolution  to  defeiid  the  rights  of  the  colony. 
It  had  been  lavish  of  its  resources,  and  had  imposed 
heavy  burthens  upon  the  people  to  assist  in  the  prose- 
cution of  the  war.  It  had  voted  premiums  to  such  pri- 
vateers as  should  take  or  destroy  any  of  the  armed 
vessels  of  the  enemy  between  certain  places  on  the 
coast.  It  had  resolved  to  place  the  city  of  New-York 
in  a  posture  of  defence,  and  had  directed  estimates  of 
the  expense  to  be  laid  before  the  house  ;  and  by  which 
it  appeared  that  nearly  8,000/.  would  be  necessary  for 
the  purpose.  The  punctilio  insisted  upon  by  the  go- 
vernour,  that  it  was  his  exclusive  right  to  assign  places 
for  erecting  fortifications,  was  hardly  worthy  of  notice 
at  this  crisis,  unless  the  exercise  of  if  by  the  assembly 
had  been  abused  or  neglected;  this  indeed  was  not 
pretended.  Although  the  assembly  had  not,  at  this 
session,  co-operated  with  the  neighbouring  colonies  in 
the  proposed  attack  upon  the  French  settlements  in 
Canada,  yet  this  omission  had  not  proceeded  from  a 
want  of  loyalt} ,  nor  was  it  just  to  make  it  a  subject  of 
complaint. 

The  forwarding  of  cannon  to  Boston,  and  also  to  the 
province  of  Georgia,  (the  very  freight  of  which  had 
been  paid  by  the  assembly)  was  surely  an  act  which  de- 
served some  credit  from  the  governour  on  the  score  of 
liberality  and  patriotism.  No  inordinate  thirst  of 
power"  had  influenced  the  legislature  in  its  delibera- 
tions, unless  that  may  be  so  termed  which  tended  to 
check  the  misapplication  and  waste  of  publick  monies. 
If  the  house  could  be  charged  with  "  invincible  unto- 
wardness,"  it  was  only  in  resisting  the  overgrown  influx 
ence  of  the  crown  and  of  its  ministers.  If  the  assem- 
bly "  assumed  the  administration  of  the  government/- 


History  of  New-York.  47 i 

it  was  to  protect  the  subject  from  oppressive  taxation, 
and  to  secure  the  liberties  of  the  people  from  tyranny 
and  despotism.  Posterity  will  always  remember,  with 
gratitude,  the  men,  who,  in  the  worst  of  times,  and 
without  shrinking,  could  meet  the  frowns  of  a  govern- 
ment, whose  lust  of  power  and  culpable  ambition  could 
involve  in  misery  and  ruin  the  very  people  it  was  bouiid 
by  every  sacred  tie  to  fostej;  and  protect* 


,  HISTORY  OF  NEW-YOMC. 

PART  XII. 

Indnding  from,  the  Year  1745  to  the  Year  1746. 


§  I.  Blassachusetls  requests  the  aid  of  ]N"ew-York  in  an  expedition 
against  Louisbur^h;  Warren  arrives  with  a  fleet;  success  before 
Louisburgh ;  its  capitulation.  §  il.  Pililitary  operations  on  the  fron- 
tiers of  New -York  ;  inhabitants  of  Albany  alarmed  ;  Hosick  desert- 
ed, and  Saratoga  destroyed  ;  incursions  of  the  enemy.  §  III.  Fron- 
tiers of  Kew-England  invaded  ;  Stockbridge  attacked,  and  Wood- 
stock destroyed.  §  IV.  Grand  conference  with  the  Indians  at  Al- 
bany ;  commissioners  from  four  colonies  attend  ;  conference  termi- 
nates in  partial  success  ;  Massachusetts  dissatisfied  with  New- York. 
^  V.  Meeting  of  the  assembly,  and  preparations  for  defence.  §  VI. 
The  governour  demands  the  assistance  of  the  Six  ISTations  of  Indians; 
reward  for  scalps  voted  5  VII.  General  Fuller's  regiment  arrives 
and  sent  to  Alba -y  ;  forty  thousand  pounds  voted  to  be  raised  by 
tax.  §  VIII.  Day  of  fasting  and  prayer  ordered  ;  a  Lutheran  priest 
forbidden  to  preach,  and  doctor  Magraw  suspected.  §  IX.  State  of 
the  frontiers  in  1  746  ;  murders,  &c.  by  the  Indians.  §  X*  Disagree- 
ment between  New-York,  Pennsylvania  and  Connecticut  as  to  sup- 
plying the  Indians  with  provisions,  &c.  §  XI.  Meeting  of  the  assem- 
bly in  April  ;  governour's  message.  §  XIT,  Expedition  against 
Canada  ;  proceedings  of  the  assembly  ;  mortality  in  Albany. 


France  and  England  were  now  preparing  to  pre- 
secute  the  war  with  vigour.  Their  respective  colonies^ 
on  the  American  coutinent,  were  inflamed  with  the 

60 


474 


History  of  New-Yorh 


same  zeal  ;  and  their  hostilities,  though  less  importani 
in  their  consequences  or  extent,  were  carried  on  with 
equal  resolution.  At  an  early  day,  governour  Shir- 
ley,  of  Massachusetts,  had  communicated  to  the  gover- 
nour of  New-York,  his  desire  of  forming  an  expedition 
ag  .inst  Loui  burgh,^^  and  requesting  the  co-operation 
of  New-York.  Governour  Shirley  represented  that 
such  an  expedition  could  not  fail  of  success,  if  aided  by 
a  British  naval  force,  which  was  hourly  expected.  He 
urged  the  raising  of  troops  and  munitions  of  war  for 
the  purpose,  and  the  necessity  of  despatch.  He  atated 
that  the  colony  of  Massachusetts  had,  at  great  ex-pense, 
furnished  even  more  than  her  quota  of  men.  The  as- 
sembly of  New-York,  which  was  then  sitting,  voted 
five  thousand  pounds  towards  the  expedition.  The  fleet 
which  had  been  destined  for  the  American  station,  un- 
der commodore  Warren,  had,  shortly  before^  arrived, 

Louisburgh,  the  eapital  of  Sydney  or  Ciape  Breton  island,  is  sUu- 
ated  in  N.  lat.  45,  54,  W.  long.  59,  55.  Its  harbour  is  one  of  the  fin(  st 
in  ^^o^th  America  ;  being  almost  four  leagues  in  circuit,  and  having 
six  or  seven  fathoms  water  in  every  part  of  it.  Louisburgh  stands  on  a 
point  of  land  on  the  S.  E.  side  of  the  island.  Its  streets  are  very  re- 
gular and  broad,  consisting  mostly  of  stone  houses,  with  a  large  parade, 
at  a  little  distance  from  the  citadel,  the  inside  of  which  is  a  fine  square, 
near  two  hundred  feet  every  way.  On  the  north  si<]e,  while  possessed 
by  the  French,  stood  the  governour's  house  and  cliurch ;  the  other 
§ides  were  taken  irp  with  barracks,  bomb  proof.  Cape  Breton  remain- 
ed in  possession  of  ihe  French  till  1745,  when  it  was  captured  by  the 
New-England  militia.  It  was  afterwards  restored  to  the  French,  and 
again  taken  in  1753.  It  was  ceded  to  Great  Britain  by  the  peace  of 
1763.  Cape  Breton  may  be  considered  as  the  key  to  Canada.  It  U 
separated  from  Nova  Scotia  by  a  narrow^  strait^  called  the  Gut  of  Can- 
so,  which  is  the  communication  between  the  Atlaatick  ocean  and  the 
^ilf  of  St.  Lawrence, 


History  of  Neiv-Yorh 


475 


and  pro(  eeded  to  the  attack  on  Louisburgh  ;  while  the 
New-England  troops,  upon  landing,  took  possession  of 
one  of  the  principal  batteries,  which  was  precipitately 
abandoned  by  the  enemv.  This  success  enabled  the  Bri- 
tish  forces  to  command  the  harbour  ;  and  all  communi- 
cation with  the  place,  both  by  land  and  water,  was 
cut  off.  The  French  made  an  unsuccessful  attempt  to 
relieve  the  place,  and  one  of  their  sixty-four  gun  ships, 
coming  with  succoius,  was  taken  by  the  English.  War- 
ren, at  this  time,  laid  before  the  town  with  five  ships  of 
war,  of  considerable  force,  and  expected  speedily  an 
addition  to  his  squadron  of  a  sixty-four  and  a  forty- 
four  gun  ship.  In  June,  1745,  Louisburgh  capitulated^ 
and  was  taken  possession  of  by  the  English  forces. 

^  II.  Wliile  these  events  were  passing,  the  colony  of 
New- York  was  busily  engaged  with  matters  which 
more  immediately  concerned  her  welfare  and  protec- 
tion. Intelligence  had  been  received  that  1500  of  the 
French  and  100  of  the  Indians  intended  to  surprise  the 
English  settlements  near  the  mouth  of  the  St.  Law- 
rence, and  on  their  return,  to  attack  Oswego.  Colonel 
Schuyler  and  major  Collins,  who  had  been  directed  to 
build  six  block  houses  at  Saratoga,  were  obliged  to  de- 
sist, on  account  of  the  great  numbers  of  the  enemy's 
Indians,  who  were  constantly  on  the  watch,  and  cutting 
off  supplies  and  troops.  Nor  were  the  inhabitants  of 
the  city  of  Albany  and  of  the  adjacent  country,  lesK 
alarmed  for  their  safety.  Murders  and  robberies,  by 
the  Indians,  were  constantly  occurring,  and  but  within 
a  few  miles  of  the  city.  A  draft  of  two  hundred  men 
was  made  for  tlie  relief  of  Albany  and  Schenectady* 
This  detachment  was  taken  from  the  militia  of  Ulster, 
I>utchess,  Orange,  Westchester;,  Queens^  and  Suffolk. 


476 


History  of  New-York. 


The  town  of  Hosicl;  was  desei  led  by  its  inhabitants, 
and  towards  the  close  of  the  year  [November  16,  1745] 
the  country  or  settlements,  called  Saratoga,  was 
almost  literally  depopulated.  The  Indians  had  burnt 
the  houses  and  fort,  and  committed  many  murders, 
pursuing  their  ancient  mode  of  warfare  of  scalping 
those  unfortunate  men,  women  and  children,  whom 
they  captured.  The  alarm  had  even  spread  into 
Ulster  and  Orange,  and  had  reached  the  frontiers  of 
JN^ew- Jersey  and  Pennsylvania.  Colonel  De  Kay  was 
sent  into  Orange  county  to  appease  the  Indians  residing 
in  that  quarter,  as  they  had  exhibited  great  uneasiness. 
The  people  of  Esopus"^  and  Minisink  had  learnt  that  a 
plan  was  to  be  set  on  foot  by  the  Indians  the  ensuing 
Tv^inter,  for  destroying  those  places,  and  that  large  quan- 
tities of  snowshoes  had  been  provided  for  the  expedi- 
tion. Many  families  made  arrangements  for  quitting 
the  country.  Every  where  Indian  barbarities  were 
committed ;  while  the  English  government,  too  much  en- 
gaged in  foreign  conquest,  had  left  the  colony  to  its 
own  protection  against  the  irruptions  of  a  savage  ene- 
my. 

9  III.  The  frontiers  of  the  New-England  colonies 
were  likewise  exposed  to  attack.  Governour  Law,  of 
Connecticut,  had  communicated  the  intelligence  that 
Stockbridge  was  beset  by  six  hundred  French  and  In- 
dians, while  but  a  short  time  before,  Woodstock,  a 
flourishing  village,  in  Connecticut,  had  been  destroyed, 
and  one  hundred  and  fifty  or  two  hundred  of  its  mili- 
lia  cut  off.  To  add  to  this  catalogue  of  misfortunes, 
the  Six  Nations  of  Indians,  who  had  long  been  in  the 

^  Now  called  Kingston,  situate  in  Ulster  county. 


History  of  New-York. 


477 


English  interest,  were  unwilling  to  engage  in  the  war 
against  the  French  or  their  Indians. 

^]  lY.  In  October,  1745,  upwards  of  five  hundred  of 
the  Six  Nations  had  assembled  at  Albany,  to  hold  a 
grand  conference  with  commissioners  from  New- York, 
Massachusetts,  Connecticut,  and  Pennsylvania.  On 
this  occasion,  the  governour,  Daniel  Horsmanden,  and 
Joseph  Murray,  of  the  council,  attended  on  the  part  of 
the  colony  of  New-York ;  John  Stoddard,  Jacob  Wen- 
dell,  VYells,  and  Hutchinson,  on  behalf  of 

Massacliusetts  ;  Roger  Wolcott,  and    Stanley,  of 

Connecticut;  and  Thomas  Lawrence,  John  Kinsey,  and 
Isaac  Norris,  of  Pennsylvania.  It  is  proper  here  to 
notice,  that  about  a  month  before  this  conference  took 
place,  Pdassachusetts  had  declared  war  against  the 
Canada  and  eastern  Indians,  on  account  of  the  barbari- 
ties which  had  been  committed  by  them  on  the  frontiers, 
and  that  the  Mohawks  had  been  invited  by  the  govern- 
ment of  Massachusetts  to  join  in  the  war  against  the 
others.  This  conference,  therefore,  at  Albany,  was 
principally  with  a  view  to  conciliate  the  Six  Nations  of 
Indians,  and  to  induce  them  to  take  up  the  hatchet 
against  the  French.  It  was  not,  however,  attended  by 
those  advantages  which  had  been  anticipated.  Al- 
though this  conference  was  held  in  a  style  of  dignity 
and  solemnity,  which  had  seldom,  if  ever  before,  been 
witnessed  ;  although  men  of  the  first  talents  and  respect- 
ability, from  four  different  colonies,  had  united  their 
influence  and  exerted  their  eloquence  in  persuading 
these  savages  to  take  a  part  in  the  war,  yet  the  charac- 
teristick  cunning  of  that  people  was  proof  against  all 
these  arts.  Whether  it  was  a  deficiency  in  the  presents 
which  were  made  theui ;  or,  an  aversion  to  enter  into  a 


478 


History  of  New-' York. 


war  against  the  French  Indians,  with  whom  they  had 
heretofore  been  on  terms  of  friendship;  or  whether, 
as  they  pretended,  they  must  first  consult  the  Indians 
living  more  northerly,  before  they  t*ould  give  their  con- 
sent, cannot  now  be  ascertained.    Certain,  however,  it 
is,  that  the  answers  they  gave  at  the  conference  were 
evasive  and  unsatisfactory  to  the  commissioners.  At 
one  time  they  said  that  they  would  first  send  to  the 
Canada  Indians,  and  demand  satisfaction  from  them  for 
the  murders  they  had  committed,  and  if  not  given,  then 
that  they  would  enter  into  the  war.    Again,  they  would 
pretend  that  rumours  had  been  spread  abroad,  that  the 
English  and  the  governour  of  Canada  were  in  a  secret 
understanding  to  destroy  the  Indians,  and  take  away 
their  lands :  That  it  had  likewise  been  reported  that  the 
Albany  people  intended  to  kill  the  Mohawks,  and  to 
take  possession  of  their  land.    The  commissioners  en- 
tered into  long  discussions  with  them  on  these  various 
subjects,  and  shewed  their  entire  falsity  and  absurdity. 
No  argument,  however,  could  serve  to  convince  them 
of  the  propriety  or  necessity  of  immediately  joining  in 
the  war.    All  that  could  be  effected  was  a  treaty  with 
the  Indians,  by  v/hich  they  stipulated  that  in  case  they 
could  not  within  two  months  procure  satisfaction  from 
the  French  Indians  for  their  hostilities^  upon  the  bor- 
ders of  New-England,  or  in  case  any  further  hostilities 
should  be  committed,  then  they  would,  upon  receiving 
orders  from  the  governour  of  New-York,  join  in  the 
war.    After  the  making  of  the  treaty,  an  express  arriv- 
ed with  inti  lligence  that  another  attack  had  been  made 
on  the  New-England  frontiers.    The  comiuissioners 
fr  Mu  Massachu^^etts  thereupon  demanded  that  the  go- 
vernour of  New- York  should  issue  orders  to  the  1ft- 


History  of  New- York. 


479 


dims  for  immediate  hostilities.  The  governoiir  did  not 
concur  in  this  demand  inasmuch  as  the  two  months  al- 
lowed to  the  Indians  had  not  yet  expired.  The  com- 
missioners from  Massachusetts  testified  much  dissatis- 
faction at  this  conduct,  and  intimated  that  they  expect- 
ed that  the  governour  of  New- York  would,  in  this 
emergency,  have  immediately  taken  decisive  measures. 
The  governour,  however,  was  unwilling  to  commit  him- 
self in  this  affair.  He  told  the  commissioners  from. 
Massachusetts  that  he  would  lay  the  subject  before  the 
genera]  assembly  and  council,  and  take  their  opinion 
upon  it.  The  commissioners  from  Massachusetts 
threatened  to  represent  to  the  king  the  conduct  of  the 
governour  of  New- York,  arid  how  reluctant  he  had 
^  been  in  supporting  the  war  or  in  securing  the  attach- 
ment of  the  Indians.  Much  altercation  ensued.  The 
governour  of  New-York  sneeringly  enquired  what  the 
colony  of  Massachusetts  had  heretofore  done  to  conci- 
liate the  affection  of  the  Indians,  unless  when  some  pri- 
vate object  was  to  be  gained  exclusively  by  that 
c(dony?  Whether,  in  times  of  peace,  tLat  colony 
had  not  wholly  neglected  taking  any  measures  in 
relation  to  them,  while  New-York,  at  a  great  ex- 
pense, had  annually  made  them  presents,  and  taxed 
her  inhabitants  to  defray  it  ?  In  the  end  the  con- 
ference failed  in  answering  the  expectations  which  had 
been  raised,  and  the  commissioners  separated  from  each 
other  with  sentiments  of  jealousy  and  disgust. 

^  V.  The  assembly,  which  met  on  the  251h  of  June, 
1745,  were  addressed  by  the  governour  on  the  state  of 
the  war,  and  the  nt*cessity  of  pursuing  vigorous  mea- 
sures to  support  it.  The  house  were  inclined  to  con- 
cur with  the  governour,  and  seemed  disposed  to  be  lib* 


480 


History  of  New- York. 


eral  in  granting  supplies.  Henry  Beekman,  of  Alba- 
ny, was  authorized  to  provision  the  garrison  at  Oswe- 
go, which  was  ordered  to  be  doubled  in  number.  CoL 
Philip  Schuyler  was  directed  to  purchase  gunpowder 
for  the  use  of  the  fortifications  at  Albany.  Col.  Elijah 
Hutchinson  was  authorized  to  perform  the  same  services 
in  Suffolk  county,  while  John  De  Peyster  and  Philip 
Livingston,  jun.  esquires,  were  directed  to  provision  the 
detachment  of  militia  to  be  used  in  defence  of  the  fron- 
tiers, and  particularly  Oswego.  A  large  sum  of  mo- 
ney was  voted  to  the  commissioners  of  Indian  affairs 
for  scouts  and  other  purposes  of  protection  and  de- 
fence. Anthony  Bleecker,  John  Abeel,  and  Gerardus 
J-iansing,  who  had  resided  among  the  Onondaga  Indians 
the  winter  before,  were  compensated  for  that  service, 
and  Jacobus  Bleecker,  the  Indian  interpreter,  was  re- 
tained in  that  appointment.  Nearly  four  thousand 
pounds  in  addition  were  voted  for  fortifications  and 
repairs  in  and  about  New- York,  and  for  raising  troops 
to  be  sent  to  Oswego.  The  fortifications  at  Schenect- 
ady were  also  put  in  a  better  state  of  defence. 

§  VI.  The  destruction  of  Saratoga  authorized  the  go- 
vernour  of  New- York  to  demand  assistance  from  the 
Six  Nations,  according  to  their  treaty  at  the  last  confer- 
ence. Accordingly  he  informed  the  assembly  that 
their  aid  should  be  required.  At  this  session  a  vote  was 
taken  which  can  only  be  justified  on  the  ground  of  re- 
taliation. The  house  voted  a  reward  of  ten  pounds  for 
the  scalp  of  every  male  of  the  enemy  above  the  age  of 
sixteen  years,  but  if  such  male  were  taken  prisoner 
alive,  then  the  reward  was  doubled.  This  last  was  a 
humane  provision,  which  took  away  the  temptation  to 


History  of  New-York. 


481 


commit  murder.  The  house  ordered  the  bill  to  be 
brought  in  at  the  next  meeting,  and,  when  it  passed,  it 
contained  some  other  provisions  which  softened  its 
more  obnoxious  features.  The  enemy's  Indians  had, 
in  many  instances,  been  guilty  of  the  most  shocking 
murders,  and  had  usually  destroyed  and  scalped  the 
prisoners  they  had  taken.  The  retaliatory  system  adopt- 
ed by  the  assembly,  was  productive  of  good  effects, 
and  checked  this  barbarous  warfare,  so  repugnant  to 
the  principles  of  humanity. 

^  YII.  The  house,  when  it  met,  in  December,  1745, 
was  informed,  by  the  governour,  of  the  fears  which 
had  been  entertained  for  the  safety  of  Albany,  and  that 
some  of  his  majesty's  troops  had  been  sent  up  for  its 
defence.  General  Fuller's  regiment  had  arrived  at  New- 
York,  the  preceding  February,  and  had  been  placed  in 
the  fort  till  captain  Peter  Winne^  one  of  the  representa- 
tivies  from  Albany,  could  employ  sloops  to  carry  them 
to  Albany.  The  governour  laid  before  the  house  letters 
from  colonel  Philip  Schuyler,  major  Jacobus  Swart- 
wout,  Cadwallader  Golden,  esquire,  and  lieutenant  go- 
vernour Phipps.  All  but  the  last,  related  to  the  active 
operations  of  the  enemy,  the  defenceless  state  of  the 
country,  and  the  necessity  of  further  measures  of  de- 
fence. Lieutenant  governour  Phipps's  letter  contained 
a  proposition  for  concerting  measures  to  annoy  the  ene- 
my, in  unison  with  the  colonies  of  New-York^  Gon- 
necticut,  New-Hampshire,  and  Rhode  Island.  The  as- 
sembly did  not  immediately  act  upon  these  subjects, 
owing  to  the  shortness  of  the  session.  Nor  indeed  was 
it  practicable  to  proceed  with  any  prospect  of  success^, 
until  the  necessary  funds  were  raised.  Accordingly, 
in  July,  a  bill  far  raising  40^000/.  by  tax^^  passed 

61 


482 


History  of  New- York. 


the  assembly,  and  received  the  assent  of  the  gover- 
nour. 

^  VIIL  Notwithstanding  the  colony  was  engaged  in 
a  very  ruinous  Avar,  which  called  for  all  her  fortitude 
and  resources,  yet  she  was  not  inattentive  to  her  reli- 
gious concerns-  On  the  26th  of  February,  a  day  of  fast- 
ing and  prayer  was  directed  to  be  observed  throughout 
the  colony,  in  order  to  implore  the  divine  goodness,  to 
crown  his  majesty's  arms  with  success,  and  to  protect 
the  inhabitants  from  the  barbarous  incursions  of  the  In- 
dians, and  the  still  more  detestable  plots  of  the  French, 
and  the  pretender.  Nor  was  the  government  disposed  to 
permit  schismatical  preachers  to  disseminate  their  doc- 
trines among  the  people.  A  Mr.  John  Lodowyck 
Hoffgood,  a  Lutheran  priest,  was  forbidden  to  preach 
until  he  had  obtained  the  governour's  license ;  and  a 
doctor  Magraw,  suspected  of  being  a  pensioner  to  the 
French,  was  restrained  by  the  council  in  the  liberty  he 
had  formerly  enjoyed. 

^  IX.  In  the  beginning  of  the  year  1746,  the  enemy 
and  their  Indians  had  become  so  elated  by  success,  that 
marauding  parties  had  frequently  been  seen  within  a 
very  short  distance  of  the  city  of  Albany,  and  some  of 
them,  when  protected  by  the  night,  had  even  ventured 
into  the  suburbs  of  the  city,  and  there  laid  in  wait  to 
take  prisoners.  One  of  the  enemy's  Indians  was  pe- 
culiarly expert  in  enterprises  of  this  kind,  and  had  sel- 
dom failed  of  securing  and  carrying  off  his  prey,  with- 
out hindrance  or  detection,  even  within  the  confines  of 
the  city  of  Albany.  Many  singular  stories  are  related 
of  this  Indian,  who  was  Cu  lied  Tomoowilemon*  In 
May,  two  negroes  had  been  carried  off*  by  a  party 
of  French  Indians,  about  eight  miles  from  Albany. 


History  of  New-York. 


483 


Major  Collins,  with  about  seventy  men,  went  in  par- 
suit  of  the  enemy.  One  hundred  and  six  men  like- 
wise were  detached  from  the  city  of  Schenectady. 
The  track  of  the  Indians  was  discovered  by  the 
fires  they  had  made,  and  they  were  pursued  above 
Schenectady,  but  witliout  success.  At  the  house  of 
one  Simon  Groat  they  had  murdered  and  scalped  a 
boy,  taken  one  man  prisoner,  plundered  and  set  fire  to 
the  house,  and  shot  a  man  in  attempting  to  escape  by 
swimming  over  the  river.  Hostilities  of  this  descrip- 
tion were  so  common,  and  so  difficult  to  guard  against, 
that  the  whole  country  was  in  a  state  of  alarm,  and 
many  of  the  inhabitants,  with  their  families  and  valua- 
bles, were  seeking  shelter  in  the  nearest  block  house 
or  fortification  they  could  find.  Abraham  Glen, 
esquire,  of  Schenectady,  applied  for  permission  to  raise 
a  company  of  one  hundred  volunteers,  for  the  defence 
of  the  frontiers,  which  the  governour  and  council 
thought  proper  to  grant.  The  inhabitants  of  Clave- 
rack  and  Kinderhook  solicited  protection  from  the  ene- 
my, and  urged  the  necessity  of  having  garrisons  in  two 
block  houses,  to  the  northward  and  eastward  of  Kinder- 
hook.  The  province  of  New- Jersey  began  now  to  bo 
also  seriously  alarmed.  Her  government  directed  five 
hundred  men  to  be  raised,  and  that  a  bounty  of  61. 
should  be  allowed  to  each  man.  The  sum  of  2000/. 
for  other  charges,  incident  to  that  service,  Vvas  likewise 
ordered  to  be  raised. 

^  X.  A  disagreement  between  the  colonies  of  New- 
York,  Pennsylvania  and  Connecticut,  as  to  supply- 
ing the  Six  Nations  of  Indians  with  the  provisions 
of  war,  was  productive  of  ill  consequences  to  the 
oommon  cause,  and  seemed  to  keep  alive  the  jealousy 


484  Hislory  of  New-  York. 

Tvhicli  had,  for  some  time  before,  existed.  The  general 
assembly  of  New-York,  at  its  June  session,  had  voted 
that  the  colony  would,  in  common  with  the  neighbour- 
ing governments,  bear  a  proportionate  part  of  the  ex- 
pense of  furnishing  provisions  for  such  of  the  Six  Na- 
tions,  and  of  those  in  alliance  with  them,  as  would  pro- 
ceed on  the  expedition  against  Canada.  The  legisla- 
ture of  Connecticut,  to  whom  this  vote  had  been  com- 
municated, declared  that  it  was  unreasonable  for  New- 
York  to  expect  from  them  the  assistance  desired,  inas- 
much as  those  Indians  were  within  the  territory  and 
government  of  New-York.  The  legislature  of  Penn- 
sylvania made  for  answer,  that  it  did  not  appear  that 
the  king  had  directed  any  application  to  be  made  to 
that  colony ;  but,  on  the  contrary,  had  recommended 
that  matter  to  the  government  of  New-York ;  be- 
sides, the  religious  principles  of  the  Pennsylvanians 
would  not  permit  them  to  be  concerned  in  the  business 
of  conquest  or  invasion.  It  will  thus  be  perceived, 
that  though  the  British  colonies  were  each  of  them 
eager  in  the  prosecution  of  the  war,  yet  that  the  main 
object  of  the  English  government  in  uniting  their  ef- 
forts against  the  common  enemy,  was,  in  part,  unattain- 
ed. 

^  XI.  In  April,  1746,  the  governour  informed  the  as- 
sembly that  admiral  Warren  requested  a  reinforcement 
of  troops  to  be  sent  to  Louisburgh,  and  that  the  king 
had  directed  to  be  sent  to  the  colony,  a  skilful  engineer, 
to  assist  in  repairing  our  fortifications,  erecting  batte- 
ries, and  building  forts  upon  the  frontiers,  under  the  di- 
rection of  the  governour,  for  the  time  being ;  and  that 
the  said  engineer  should  be  allowed  twenty  shillings 
per  dierriy  for  his  services :  That  captain  Collins,  from 


Histary  oj  New- York. 


485 


Virginia,  was  making  the  best  of  his  way  for  Cape  Bre- 
ton, with  the  transports  under  his  convoy,  and  that  he 
could  not  lose  time  to  stop  at  New- York  to  take  the 
Ruby  under  his  care  ;  but  that  this  ship  might  remain 
till  she  could  sail  under  convoy,  or  until  further  orders. 
The  governour  urged  the  house  to  employ  a  privateer 
to  convey  forces  to  Louisburgb,  as  there  was  reason  to 
apprehend  an  attack  from  the  French.  The  assembly 
having  maturely  considered  the  message  of  his  excel- 
lency, were  of  opinion,  that  as  the  colony  was  very 
miK'h  exposed,  and  most  liable  to  the  attempts  of 
the  enemy,  no  troops  could  at  present  be  sent  out  of  the 
colony  without  greatly  endangering  her  safety. 

^  XII.  The  fears  of  the  assembly  were  not  without 
foimdation.  It  w  as  soon  found,  [in  June]  that  unless  a 
large  force  was  sent  to  the  frontiers,  the  French  and 
Indians  would  be  completely  masters  of  the  country. 
Captain  Livingston  moved  that  provision  should  be 
made  for  sending  four  hundred  and  fifty  men,  and  fifty 
Indians  to  the  northern  frontiers  ;  and  the  motion  be- 
ing carried,  it  was  sent  to  the  governour  for  concur- 
rence. On  the  6th  June,  the  governour  sent  a  message 
to  the  house,  the  subject  of  which,  for  many  months 
after,  almost  exclusively  occupied  its  attention,  and 
was  deeply  interesting  to  the  colony.  It  was  no  less 
than  an  expedition  against  Canada,  which  had  been  de- 
termined on  by  the  British  ministry,  and  was  to  be  car- 
ried into  eflfect  by  the  strength  of  the  English  colonies, 
aided  by  a  naval  force  from  Great  Britain.  The  mes- 
sage stated  that  the  governour  had  received  a  letter 
from  the  duke  of  Newcastle,  bearing  date  the  9tb  of 
April  preceding,  (and  which  letter  had  been  transmit- 
ted to  him  by  express  from  Governour  fShirley)  by 


486 


History  of  New-YbrJc. 


which  his  majesty  had  thought  proper  to  order  mi  ex- 
pedition against  the  French  settlements  in  Canada,  and 
that  the  governours  of  his  majesty's  colonies  should 
raise  as  many  men  within  their  respective  governments 
as  the  shortness  of  the  time  would  permit.  That  each 
company  should  consist  of  one  hundred  men  :  That  the 
troops  so  to  be  raised  in  York,  New- Jersey,  Pennsyl- 
vania, Maryland  and  Virginia,  should  be  placed  under 
the  command  of  Mr.  Gooch,  the  governour  of  Virginia, 
who  had  been  promoted  to  the  rank  of  a  brigadier  gene- 
ral. The  governour,  in  his  message,  urged  the  happy  con- 
sequences which  would  result  to  his  majesty's  colonies, 
and  the  British  interest  in  general,  from  the  success  of 
such  an  enterprise,  and  that  he  was  well  assured  that 
the  house  would  co-operate  with  its  usual  ardour  in 
support  of  his  majesty's  honour  and  service,  and  for 
the  advancement  of  the  common  cause.  The  house, 
%vith  an  unanimity  seldom  before  known,  addressed  the 
governour  in  the  most  loyal  manner,  evincing  the  great 
pleasure  with  which  the  message  was  received.  The 
members,  in  their  answer,  assured  the  governour  that 
their  hearts  and  hands  should  be  unceasingly  employ- 
ed in  the  great  work  set  before  them,  and  that  they 
would  come  to  such  resolutions  as  should  immediately 
forward  the  important  design  :  That  the  whole  of  their 
proceedings  should  be  conducted  with  such  unanimity 
and  despatch  as  would  add  to  the  pleasing  hopes  of  a 
happy  success,  and  prove  them  fully  sensible  of  their 
duty,  loyalty  and  gratitude  to  his  majesty  ;  of  the  due 
regard  to  the  ease,  welfare  and  security  of  those  they 
represented  ;  and  of  that  just  resentment  which  should 
animate  them  in  opposing  the  perfidy  and  cruelty  of 
their  most  dangerous  enemy.  This  answer,  as  may  well 


History  of  New-York,  487 

be  supposed,  was  very  agreeable  to  the  governour.  In 
his  reply  he  returned  the  house  his  most  hearty  thanks 
for  its  becoming  loyalty  and  gratitude  to  his  niajesty^ 
and  the  great  satisfaction  he  had  received  in  witnessing 
the  zeal  and  resolution  of  the  assembly.  Although  the 
heavy  debts  which  had  been  contracted  by  the  colony^ 
for  its  defence,  were  severely  felt  by  the  inhabitants^ 
yet  the  house  immediately  voted  a  bounty  of  six  pounds> 
over  and  above  the  king's  pay,  to  each  able  bodied 
man  who  should  voluntarily  enlist  in  his  majesty's  ser- 
vice on  the  intended  expedition.  GOOO/.  were  likewise 
voted  for  the  immediate  purchase  of  five  hundred  and 
seventy-five  barrels  of  pork,  three  hundred  and  thirty- 
seven  barrels  of  beef,  one  hundred  and  eighty  thousand 
weight  of  brown  biscuit,  six  thousand  gallons  rum, 
fourteen  hundred  and  six  bushels  of  Indian  corn,  the 
like  quantity  of  peas,  twenty  thousand  w^eight  of  ba- 
con, and  twenty-four  barrels  of  rice,  for  victualling  the 
forces  that  were,  or  might  be  raised,  in  tiie  colony,  for 
the  said  expedition.  Major  Van  Horne,  captain  Rich- 
ards, Dirck  Ten  Broek,  and  Mr.  John  J.  Cuyler,  were 
appointed  commissioners  for  procuring  the  provisions 
so  voted.  A  bill  to  prevent  the  exportation  of  provi-^ 
sions,  gunpowder,  arms,  and  all  kinds  of  ammunition 
and  warlike  stores,  was  brought  in  and  passed.  A  joint 
committee,  of  the  council  and  assembly,  was  appointed 
io  consider  of  the  most  speedy  and  effectual  means  to 
be  adopted  by  the  colony  in  forwarding  the  intended 
expedition.  The  governour  directed  the  commission- 
ers of  Indian  affairs  at  Albany,  to  invite  the  Indians  to 
a  conference  on  the  20th  June,  in  order  to  engage  them 
in  the  war,  and  recommended  them  to  provide  for  some 
additional  presents  to  be  made  to  them  at  the  time. 


488 


fiislory  oj  New- York. 


He  also  told  the  house  that  he  had  written  to  the 
governours  of  the  neighbouring  colonies,  to  pre- 
vail with  them,  to  join  in  the  expense  of  engaging  the 
Indians  in  the  war.  The  house  resolved,  that  in  their 
opinion,  the  neighbouring  colonies  should  bear  a  pro- 
portionate part  of  the  expense  of  provisioning  the  In- 
dians employed  in  the  contemplated  enterprise.  It 
also  declared,  that  every  person  who  should  voluntari- 
ly enlist  into  his  majesty's  service,  should  be  exempt 
from  all  arrests  for  any  debt  due  to  any  one  person, 
under  20/.  and  from  being  impressed  or  detached  upon 
any  future  service,  for  the  term  of  two  years  after  such 
enlistment.  An  additional  bounty  of  40^.  and  a  blan- 
ket, was  voted  to  be  allowed  to  each  of  the  first  thou- 
sand men  who  should  enlist  into  the  service.  A  bill  for 
impressing  ship  carpenters,  house  carpenters,  joiners, 
sawyers,  and  their  servants,  and  all  other  artificers  and 
labourers,  for  the  building  of  battoes,  and  also  for 
impressing  horses,  waggons,  and  all  other  things  neces- 
sary for  carrying  on  the  expedition  against  Canada, 
with  the  utmost  despatch,  was  proposed  and  speedily 
passed  into  a  law.  Three  hundred  men  were  likewise 
ordered  to  be  detached  from  the  city  and  county  of 
Albany,  to  serve  on  the  expedition  against  Canada, 
Nothing  could  damp  the  zeal  and  ardour  of  the  assem- 
bly in  advancing  the  proposed  conquest,  and  in  adding 
lustre  to  the  British  character  on  this  side  the  Atlantick. 
Although  the.  inhabitants  of  the  colony  groaned  under 
this  accumulated  weight  of  glory,  which  was  to  immor- 
talize the  valor  and  extend  the  dominions  of  his  Britan- 
nick  majesty  in  America  ;  still,  every  measure  was 
cheerfully  adopted  to  give  full  effect  to  the  intended 
enterprise.    The  session,  which  had  been  protracted  by 


History  oj  New-York. 


489 


frequent  adjournments,  was  again  closed,  by  adjourn- 
ment, on  the  29th  of  July,  not,  however,  without  an  ad- 
dress, on  the  part  of  the  assembly,  to  his  majesty,  con- 
gratulating him  on  the  successes  of  his  troops  in  Eu- 
rope over  the  forces  of  the  French,  and  the  pretender, 
assuring  him  of  the  loyalty  and  affection  of  his  du- 
tiful subjects  in  the  colony  of  New- York.  In  the  sum- 
mer of  the  year  1746,  the  city  of  Albany  was  visited 
by  a  contagious  disease,  which  proved  mortal  to  a  great 
number  of  its  inhabitants.  In  its  appearance  and  effects 
it  resembled  the  disease  which  has  been  since  denom- 
inated the  yellow  fever.  The  Indians  then  encamped 
near  the  city,  experienced  the  ill  effects  of  this  com- 
plaint, and  many  of  them  became  its  victims.  The 
governour,  who  was  in  Albany,  dismissed  them  from  any 
further  attendance,  on  account  of  the  ravages  of  the 
contagion.  The  disease  subsided  as  the  cold  weather 
advanced,  and  by  winter  it  had  wholly  disappeared. 


HISTORY  OF  NEW-YOM. 


PART  XIIL 

Including  the  remainder  of  the  Year  1746,  and  part  of 

the  Year  1747. 


I  I.  Indians  pledged  to  join  in  the  war.  §  II.  Legislature  refuse  fur* 
ther  supplies  ;  provisions  seized  at  Albany  by  order  of  the  gover- 
nour.  §  III.  Resolutions  of  the  house  thereupon.  §  IV.  Gover- 
nour's  answer ;  further  resolutions  of  the  house  ;  prorogation.  §  V- 
Failure  of  the  campaign.  §  VI.  Difference  between  the  governour 
and  assembly  ;  governour's  address  ;  disposition  of  the  forces ;  re- 
flections on  the  people  of  Albany.  §  VI.  Assembly  resent  the  in- 
sult; insinuate  fraud  in  the  goyernour  in  regard  to  the  Indians ;  house 
adjourned.  §  VII 1.  Reassembled  ;  refuse  to  provide  for  the  pay 
of  the  troops,  insisting  that  furnishing  their  provisions  was  sufficient; 
governour  resorts  to  frequent  adjournments  in  order  to  fatigue  the 
house ;  the  attempt  ineffectual.  §  IX.  Assembly  importuned  to  joia 
Massachusetts  and  Connecticut ;  its  resolutions  thereupon ;  proceed- 
ings of  the  house.  §  X.  Dispute  with  regard  to  the  four  companies 
at  Albany,  &ic,  assembly  refuse  to  supply  them  ;  garrisons  at  OswCp 
go  and  Saratoga. 


On  the  14th  day  of  October,  1746,  the  general  as- 
sembly was  again  convened-  Owing  to  the  indisposi« 
tion  of  the  governour,  he  could  not  attend  the  house  in 
person  to  open  the  session.  He  requested  the  speak* 
er  to  lay  before  the  house  the  speech  he  had  prepared ; 


492 


History  of  New-York. 


which,  after  a  declaration  on  the  part  of  the  houne  tliat 
the  proceeding  was  unparliamentary,  he  was  permitted 
to  do.  In  this  speech  the  governour  informed  the 
house  that  the  Six  Nations,  and  the  neighbouring  In- 
dians, whom  he  had  met  at  Albany,  in  the  preceding 
July,  had,  in  the  most  solemn  manner,  pledged  them- 
selves to  take  a  part  in  the  war  against  the  enemy : 
That  Mr.  Gooch,  the  governour  of  Virginia,  had  declin^ 
ed  accepting  the  command  of  the  proposed  expedition 
against  Canada  :  That  a  fleet  had  been  seen  off  Nova 
Scotia,  which  was  suspected  to  be  the  enemy's  Brest 
squadron  :  He  recommended  the  raising  of  further 
supplies  for  the  management  of  the  Indian  affairs,  and 
concluded  by  exhorting  the  house  to  unanimity  and  des- 
patch. Before  the  house  took  the  governour's  speech 
into  consideration,  its  attention  was  called  to  the  disor- 
dered state  of  the  publick  finances.  Mr.  Clarkson,  accord- 
ing to  leave,  brought  in  a  bill  for  appointing  commis- 
sioners to  examine,  and  state  the  publick  accounts  of 
the  colony  from  the  year  1713.  After  which  6500/. 
were  voted  for  victualling  the  troops  destined  for  the 
expedition  against  Canada,  during  the  time  they  should 
remain  in  winter  quarters  at  Albany,  and  200/.  more 
were  allowed  for  the  expense  of  transporting  provisions 
to  that  place. 

$  II.  The  house  also  resolved  that  no  further  provi- 
sion should  be  made  for  the  detachments  of  militia  sent 
from  the  several  counties  to  Albany,  in  May  and  June^ 
than  what  had  already  been  allowed  for  that  purpose. 
It  was  now  evident,  from  the  temper  of  the  house,  that 
the  governour  was  not  at  present  to  expect  any  further 
extraordinary  supplies  for  carrying  on  the  war.  Besides, 
a  controversy  arose,  during  this  session,  w-hich  widened 


History  oj  Netv-Yorh 


493 


ilie  breach  between  the  governour  and  the  legislature, 
and  was  productive  of  serious  inconvenience  to  the  war- 
like operations  then  about  to  be  continued.  A  com- 
plaint was  made  to  the  house  by  Cornelius  Van  Horne 
and  Paul  Richards,  esquire^',  the  commissioners  appoint- 
ed to  purchase  provisions  for  the  forces  raised  by  the 
colony  on  the  expedition  against  Canada,  relative  to 
certain  provisions  which  had  been  forcibly  seized  and 
taken  under  authority  from  his  excellency.  Upon  the 
investigation,  it  appeared  that  the  houses  of  John  .1. 
Cuyler  and  Dirck  Ten  Broeck,  esquires,  (the  commis- 
sioners at  Albany)  had  been  broken  open  by  Henry 
Holland,  esq.  and  a  large  quantity  of  provisions  taken 
away.  That  this  act  of  violence  had  been  committed 
in  consequence  of  a  refusal,  by  the  last  named  commis- 
sioners, to  supply  four  independent  companies  of  fusi- 
leers  from  the  publick  stores,  as  the  commissioners 
deemed  the  demand  irregular  and  not  w^arranted  by  the 
act  under  which  they  were  appointed  :  That  the  gover- 
nour had  thereupon  ordered  the  said  provisions  to  be^ 
seized  for  the  use  of  the  four  companies. 

^  HI.  This  conduct  on  the  part  of  the  governour,  in- 
flamed the  house  to  such  a  degree,  tliat  it  came  to  the 
following  resolutions : 

JResolved,  That  it  is  the  opinion  of  this  house,  that 
his  excellency  was  ill  advised  in  granting  the  w^arrant 
for  issuing  provisions,  for  the  four  independent  compa- 
nies of  fusileers. 

"  Hesolvedy  That  the  commissioners  for  issuing  the 
provisions  at  Albany,  to  the  troops  levied  in  this  colo- 
ny, on  the  expedition  against  Canada,  in  refusing  to  de- 
liver any  of  the  said  provisions,  for  the  said  four  inde- 


494 


History  of  New-  York, 


pendent  companies,  did  their  duty,  and  acted  agreeable 
to  the  law,  which  intrusted  them  with  the  issuing  thereof. 

"  Besokcd,  That  the  order  issued  by  colonel  John 
Roberts,  to  Henry  Holland,  esquire,  for  impressing 
provisions  from  the  commissioners  at  Albany,  appoint- 
ed by  an  act  of  this  colony,  for  issuing  the  said  provi* 
sions,  is  arbitrary  and  illegal. 

"  Besolvedy  That  colonel  J  ohn  Roberts,  having  issued 
an  order  to  Henry  Holland,  esquire,  for  impressing 
provisions  from  the  commissioners  at  Albany,  appoint- 
ed by  an  act  of  this  colony,  has  therein  acted  arbitrari- 
ly and  illegally,  and  is  guilty  of  a  high  misdemea- 
nour. 

"  Resohedj  That  the  breaking  open  the  store-house 
at  Albany,  where  part  of  the  provisions  designed  for 
tbe  forces,  raised  by  this  colony,  on  the  expedition 
against  Canada,  were  lodged,  and  forcibly  seizing  and 
taking  away  the  said  provisions,  is  arbitrary,  illegal, 
cind  a  manifest  violation  of  the  rights  and  liberties  of 
the  subject, 

"  Resolvedy  That  Henry  Holland,  esquire,  having 
broke  open  the  said  store  at  Albany,  where  the  pro- 
visions intended  for  the  forces,  raised  by  this  colony, 
on  the  expedition  against  Canada,  were  lodged,  and 
fi>rcibly  seizing  and  taking  away  the  same  contrary  to 
law,  is  guilty  of  a  high  crime  and  misdemeanour. 

"  Resolvedy  That  any  person  in  authority,  using 
threats  to  influence  any  officer  appointed  by  law,  to  act 
contrary  to  their  duty,  is  illegal  and  a  high  misdemea- 
nour. 

"  Resolved^  That  Cadwallader  Golden,  esquire,  one 
of  his  majesty's  council,  having  threatened  the  aforesaid 
commissioners  for  issuing  the  provisions  at  Albany,  that 


History  of  New-York. 


495 


if  they  would  not  undertake  to  transport  the  m\A  pro- 
visions along  with  the  army,  the  provisions  should  be 
taken  from  them,  and  other  com.nissioners  appointed  in 
their  stead ;  has  acted  illegally,  and  is  guilty  of  a  high 
misdemeanour. 

"  Resolved,  That  it  is  the  opinion  of  this  house,  that 
it  will  be  in  vain  for  this  house  to  furnish  provisii.ns  for 
subsisting  the  forces,  raised  by  this  colony,  on  the  ex- 
pedition against  Canada,  until  proper  assurances  be 
given,  that  an  effectual  stop  shall  be  put  to  such  pro- 
ceedings. 

"  Ordered,  That  Mr.  Cruger  and  Mr.  Nicoll,  wait  up- 
on his  excellency  with  these  resolutions,  and  desire  that 
he  will  be  pleased  to  order  his  majesty's  attorney-gene- 
ral to  prosecute  the  aforesaid  deli£;quents." 

These  resolutions  are  given  to  shew  the  firmness  and 
undaunted  conduct  of  the  assembly,  rather  than  to  jus- 
tify the  conduct  of  the  commissioners  or  of  the  house. 
The  dispute  seemed  more  to  involve  a  point  of  eti- 
quette, relative  to  official  rights,  than  a  question  which 
concerned  the  essential  interests  of  the  colony.  The 
four  companies  were  undoubtedly  a  part  of  the  troops 
necessary  to  carry  on  the  war,  and  though  the  act  of 
the  governour  might  have  been  precipitate,  yet  it  was 
certainly  well  intended  and  calculated  to  promote  the 
publick  service.  But  the  truth  was,  the  governour  had 
taken  into  confidence  Mr.  Golden,  and  some  others^ 
who  were  particularly  obnoxious  to  the  assembly.  Any 
measure  which  could  have  a  bearing  upon  either  of 
them,  was  agreeable  to  the  house,  and  was  adopted 
with  eagerness  and  vigour. 

^  IV.  The  governour's  answer  was  moderate  and  re- 
spectful.  He  stated  the  causes  which  had  induced  ijim 


496 


History  of  New-  York. 


to  direct  the  seizure  of  the  provisions  in  question  :  He 
explained  the  difficulties  which  had  arisen  during  the 
campaign,  and  that  a  council  of  war  had  been  called^ 
who  adv  ised  the  proceedings  complained  of.  The  assem- 
bly, however,  was  not  yet  appeased.  It  resolved,/'  That 
the  answer  returned  by  his  excellency,  to  the  resolu- 
tions  of  tliis  house,  of  the  8th  inst.  is  in  no  respect  sa- 
tisfactory ;  and  that  this  house  cannot,  in  faithfulness 
to  the  people  they  represent,  pass  any  bill  for  a  fur- 
ther allowance  for  provisions,  for  the  forces  raised  on 
the  expedition  against  Canada,  whilst  the  notorioi]- 
abuses  committed  in  such  as  have  been  already  provid- 
ed, are  openly  avowed  and  encouraged.  That  whoever 
advised  his  excellency  to  return  such  an  answer,  have 
endeavoured  to  create  jealousies  and  dissensions  among 
the  several  branches  of  the  legislature ;  have  encour^ 
aged  a  manifest  breach  of  the  laws  of  this  colony,  and 
are  enemies  to  the  constitution  thereof- — That  as  soon 
as  proper  assurances  shall  be  given,  that  the  abuses 
committed  in  respect  to  the  provisions  already  furnished 
for  the  subsistence  of  the  forces,  raised  on  the  expedi- 
against  Canada,  shall  be  efFectually  prevented,  this  house 
will  cheerfully  pass  a  bill  for  a  further  ample  allow- 
ance for  the  subsistence  of  the  said  forces;  and  that  un- 
iil  such  assurances  be  given,  this  house  cannot,  in  jus- 
tice to  the  people  they  represent,  proceed  upon  any 
business  whatsoever.'' 

The  governour  again  endeavoured  to  conciliate  the 
house.  In  his  message,  he  regretted  that  his  answer  to 
the  resolutions  of  the  house  was  not  satisfactory.  He 
assured  the  house  that  all  possible  care  should  be  taken 
of  the  provisions  which  had  been  seized ;  that  an  exdct 
account  thereof  should  be  laid  before  the  assembly. 


History  oj  New-York. 


49^ 


That  body  seemed,  at  length,  to  be  pacified.  The 
bill  for  making  further  provision  for  victualling  his 
majesty's  troops,  and  for  other  publick  services,  was 
passed,  and  received  the  assent  of  the  governour.  The 
house  was  shortly  after  prorogued  to  the  24th  March, 
1747.  The  expedition  against  Canada,  it  will  be  per- 
ceived, had  not  yet  met  with  the  success  that  had  been 
anticipated.  Many  causes  had  united  in  obstructing 
the  attainment  ^f  this  object.  Much  time  had  been 
consumed  in  gaining  over  the  Indians,  and  raising  sup- 
plies and  men.  The  colonies  had  not  combined  their 
forces  ;  the  British  fleet  had  not  arrived  in  season  ; 
and  much  jealousy  prevailed  between  the  provincial 
governments  in  relation  to  the  manner  of  conducting 
the  enterprise,  and  of  defraying  its  expense.  The  go- 
ternour  was  so  sensible  of  these  difficulties,  that  in  his 
address  to  the  assembly,  in  March*  1747,  he  complain- 
ed of  the  loss  of  the  campaign,  and  ascribed  it  princi* 
pally  to  the  above  mentioned  causes  ;  yet  that  he  en* 
tertained  hopes  from  the  arrangements  that  had  been 
made,  that  the  ensuing  campaign  would  prove  more 
successful.  He  stated  that  two  forts  were  to  be  built 
at  the  carrying  place,^  near  Crownpoint,  for  the  secu- 
rity of  the  magazines  and  stores,  and  of  the  fron* 
tiers  ;  and  transmitted  to  the  house  a  computation  of 
the  expense  for  making  an  attack  on  Crownpoint. 

$  VI.  The  assembly  and  the  governour  again  differed 
on  some  subordinate  questions  concerning  the  new 
levies,  and  the  employment  of  troops  to  scour  and 
range  the  woods  in  the  county  of  Albany.  This  ditler- 
ence  produced  a  long  and  animated  discussion,  and  a 
minute  detail  of  the  operations  of  the  governtnent  for 

*  From  tbe  N.  end  of  lake  George  to  the  W.  end  of  lake  Champlain, 

63 


498 


Hislory  of  New- York. 


the  preceding  year.  The  goveriiour  staled  thai  the  al- 
lowance of  one  shilling  a  day,  for  such  of  the  new  le- 
vies in  Albany  county  as  were  to  scour  the  woods,  was 
not  a  sufficient  compensation  for  that  service  ;  and  that 
the  assertion  that  those  levies  had  been  unemployed, 
though  paid  by  the  colony,  was  incorrect.  That,  in 
fact,  parties  of  Indians  had  been  sent  as  far  as  Crowft- 
point  and  Sacrament  lake,^  for  intelligence  ;  and  part 
of  the  new  levies,  under  captains  Langdon  and  Tiebout^ 
had  been  sent  out  to  intercept  the  enemy  :  That  an- 
other portion  of  the  new  levies  had  been  employed  in 
ranging  the  woods  ;  and  a  third  had  been  stationed  in 
such  positions  as  were  best  calculated  for  the  security 
of  the  frontiers  :  That  orders  had  been  given  to  fortify 
a  camp  of  five  hundred  men  at  or  near  the  carrying 
place,  and  a  company  of  the  new  levies  had  been  plac- 
ed at  the  Mohawks'  castle  ;t  and  another  between  that 
and  Schenectady  ;  two  companies  at  Schenectady  ; 
.three  c<3fmpaniesat  Cannestagayune  ;l  four  atHalfmoon ; 
two  ;at  Sch^ghticote  ;  aiid  three  companies,  besides  de- 
itacbraents,  at  Saratoga,  So  that  there  were  garrisons, 
of  the  pevv  leviesri»'?f  from  east  to  west,  across 
the  northern  frontiers  ]  while  the  rest  of  the  forces  were 
Jyept  in  and  round  the  city  of  Albany,  on  both  sides  of 
jtlae  river  :  That  he  was  sensible  that  some  other  places 
ought  to  have  been  secured,  by  erecting  small  forts, 
^ut  that  the  refusal  of  the  assembly  to  provide  for  the 
e;xpense,  besides  furnishing  provisions  for  the  new  Icr 
>  vies,  prevented  it :  That  he  had  kept^the  Mohawk  In^ 
dians  from  going  out  to  hunt,  and  had  likewise! sent,  to 
(the  other  Indians  of  the  Five  Nations,  directions  to  b^ 
in  readiness  to  jojn  in  the  war  :  That  he  had  also 

*  Lake  George.      f  Fort  Hunter.       J  Now  Niskayuna.  • 


History  of  New-York. 


499 


sent  colonel  Roberts  to  governoiir  Shirley,  to  consiili 
and  concert  measures  for  the  defence  of  the  colonies, 
and  the  expedition  against  Canada  ;  and  that  some  of 
the  neighbouring  colonies  had  appeared  willing  to  con- 
tribute a  share  toAvards  the  expense  :  That  the  assem- 
bly had  shewn  him  personal  disrespect,  thereby  con- 
temning the  power  from  which  his  authority  had  flow- 
ed :  That  it  was  well  known  that  the  richest  and  prin- 
cipal men  in  Albany  did  not  wish  well  to  the  success 
of  any  expedition  against  Canada,  on  account  of  the 
advantage  they  gained  by  a  trade  with  that  covmtry,  and 
especially  during  a  state  of  war:  That  the  principal 
difficulty  in  gaining  over  the  Indians,  arose  from  the  * 
great  influence  those  men  possessed  over  that  people  : 
That  they  were  like  popish  emissaries  in  the  colony, 
who  were  secretly  spreading  discontent  and  discord- 
among  the  inhabitants,  of  which  the  late  negro  plot  was 
a  sufficient  proof,  He  exhorted  the  house  to  make 
every  preparation  for  opposing  the  enemy,  who,  it  was 
said,  had  a  powerful  fleet  at  sea^  destined  for  America. 
He  concluded  with  assurances  of  uniting  in  every  mea- 
sure for  the  publick  good,  and  the  defence  of  the  colony^ 
^  VII.  The  assembly  were  in  a  great  ferment  at  re*^ 
ceivirig  a  speech  which  charged  the  inhabitants  of  one 
of  its  principal  cities  with  disafl^ection,  and  the  house  it- 
self with  a  most  culpable  neglect  in  providing  for  the 
defence  of  the  colony.  The  members  from  Albany 
'were  violent  irl  their  declamations,  and  unreservedly 
denounced  the  governour  as  being  under  an  influence 
unworthy  of  himself  and  of  the  colony.  An  answer  was 
speedily  voted  ;  the  style  of  w^hich  was  sarcastick  and 
severe.  It  was  couched  in  language  apparently  respect- 
ful, but  was,  in  truth,  highly  bitter  and  reproachfijL 


500 


History  of  JNew-Yorh 


In  the  conclusion,  it  insinuated  that  the  goveinour  had 
been  guilty  of  gross  and  palpable  frauds  and  pecula- 
tions in  respect  to  Indian  affairs.  This  part  of  the  an- 
swer ought  not  to  be  omitted,  as  it  is  a  specimen  of 
the  boldest  language  ever  addressed  to  the  executive  of 
a  country  wholly  independent  of,  and  superiour  to 
the  legislature.    It  is  as  follows  : 

Though  common  reports  not  founded  in  truth,  and 
innuendos  and  insinuations,  that  men  of  this  coujplex- 
ion  deal  out  so  liberally,  to  answer  their  mischievous 
purposes,  are  little  to  be  regarded  with  men  of  sense  ; 
yet  we  were  in  hopes  it  had  reached  your  excellency's 
ear  ere  now,  that  it  has  been  currently  reported,  ever 
since  your  excellency's  return  from  the  Indian  treaty 
at  Albany,  in  the  year  1745,  that  the  goods  given  by 
your  excellency  as  presents  to  the  Six  Nations  that  year, 
did  not  amount,  in  value,  to  one  third  part  of  the  sum, 
allowed  by  the  assembly,  and  that  this  computation  was 
formed  by  persons  present,  from  the  quantity  of  goods 
given  them  at  the  same  time,  on  behalf  of  a  neighbour- 
ing government,  which  appeared  larger  than  what  was 
given  by  your  excellency,  yet  the  costof  the  former  did 
not  amount  to  three  hundred  pounds  ;  that  it  has  also 
been  rumoured,  that  the  French  and  Spanish  prisoners 
imported  in  prizes,  brought  to  this  city,  have,  by  some 
persons,  under  colour  of  your  excellency's  authority, 
been  disposed  of,  from  time  to  time,  to  the  owners  or 
eommanders  of  flags  of  truce,  at  the  rate  of  several 
pistoles  a  head  ;  these  are  reports  which  reflect  so  much 
upon  your  excellency's  administration,  that  we  should 
have  remained  uneasy,  without  giving  your  excellency 
the  occasion  of  vindicating  your  own  honour  ;  either  by 
bringing  the  delinquents  to  justice,  if  any  there  be,  that 


History  of  Ncn:'YorJ(.  501 


have  go  perfidiously  abused  your  excellency's  trust,  or 
punishing  the  authors  of  so  shameful  a  scandal. 

"  A7id  now  we  hope  we  have  evincedy  that  we  are  not  only 
careful  of  our  own  honour  and  interest^  hut  your  excellen- 
cy's too  ;  at  a  season,  when,  with  real  concern,  we  find 
the  colony  in  great  danger  of  being  involved  in  the  ut- 
most difficulties  from  the  common  enemy  w  ithout,  and 
divisions  within,  from  the  present  posture  and  conduct 
of  its  affairs  ;  w  hen  the  seeds  of  dissention  are,  as  it 
were,  authentically  scattered  and  industriously  propa- 
gated, through  the  artifices  of  a  designing  man  who  has 
private  views  ;  for  though  they  have  hitherto  been  pro- 
videntially blasted,  we  fear  they  may  at  length  spring 
up,  and  bear  a  great  increase,  which  God  forbid/' 

We  shall  not  pursue  this  answer  any  further,  it  being 
sufficient  to  remark,  that  it  denied  the  charge  made  by 
the  governour,  that  the  assembly  had  not  provided  for 
the  defence  of  the  colony  ;  and  to  support  this  denial,  it 
recapitulated  the  various  supplies  which  had,  from  time 
to  time,  been  granted.  It  sneered  at  the  charge  that 
had  been  made  against  the  inhabitants  of  the  city  of 
Albany,  and  roundly  asserted  that  the  governour 
was  under  the  influence  of  a  person  who  was  ob- 
noxious to  the  colony,  and  who  had,  by  his  misman- 
agement, occasioned  difficulties  with  the  Indians,  and 
disturbed  the  harmony  between  the  different  branches 
of  the  government.  The  governour  was  so  highly  in- 
censed that  he  immediately  adjourned  the  assembly, 
declaring  that  he  would  lay  before  his  majesty  and  min- 
isters this  proceeding  of  the  house.  The  state  of  the 
colony,  however,  and  the  necessity  of  raising  supplies^ 
would  not  perinil  of  a  long  adjournments 


J02 


History  of  New-York. 


^  YIII,  The  house  was  reassembled  in  a  few  day 
when  the  governour  informed  it  that  he  had  already 
engaged  his  own  private  fortune  for  his  majesty's  ser- 
vice, and  that  nine  thousand  pounds,  which  he  had  re- 
ceived on  bills  which  he  had  drawn  on  England,  had 
been  expended  in  the  payment  of  the  new  levies.  He 
insisted  (hat  the  house  should  indemnify  him  against 
these  advances.  The  assembly  resolved  that  it  did  not 
appear  to  be  his  majesty's  intention  that  the  colony 
should  contribute  any  monies  toward  the  pay  of  the 
forces  raised  for  the  expedition  against  Canada  ;  and 
that  it  was  the  duty  of  the  colony  to  supply  those  for- 
ces with  provisions  only  ;  and  concluding,  nemine  cofv- 
tradicaite,  That  if  the  safety  of  the  people  of  this  col- 
ony, in  theii'  lives  and  estates,  should  be  endangered  by 
the  forces  liot  being  paid  ;  his  excellency  will  only  be 
to  blame,  as  it  is  altogether  in  his  power  to  provide 
against  the  evils  which  are  threatened,  and  which  may 
be  so  easily  prevented,  by  his  excellency's  discharging 
the  duty  which  he  owes  to  his  majesty."  The  gover- 
nour was  now  determined  to  fatigue  the  house  into 
compliance  by  frequent  adjournments  ;  an  expedient 
which  seldom  failed  of  producing  effects  directly  the 
reverse  froiii  what  was  intended.  His  excellency  ad-' 
journed  the  house  from  the  5th  of  June  to  the  15th 
from  that  day  to  the  7th  of  July  ;  then  to  the  14th; 
then  to  the  21st;  then  to  the  30th  ;  then  to  August  4th. 

^  IX.  On  that  day  he  informed  the  house  that  he  had 
received  a  letter  from  governour  Shirley,  by  express, 
informing  him  *  that  it  was  thought  necessary  to  deter- 
mine  upon  some  plan  for  forming  a  junction  between^ 
the  forces  now  in  the  province  of  New- York,  with  those 
of  Massachusetts  and  Connecticut ;  that  the  whole  ex« 


History  of  New- York. 


pense,  exclusive  of  provisions,  for  carrying  this  plan  in- 
to effect,  was  computed  at  fourteen  thousand  pounds  ; 
Bnd  recommending  the  assembly  to  provide  for  a  por- 
tion of  the  expense.  The  house  was  not  satisfied  with 
this  recomii>endation,  without  first  being  informed  what 
Massachusetts  and  Connecticut  intended  to  contribute 
\  towards  this  burden.  It  resolved,  "  That  it  would 
iiome  to  any  well  concerted  scheme,  in  conjunction 
with  the  neighbouring  colonies,  for  annoying  the  com- 
mon enemy  ;  and  cheerfully  contribute  its  just  propor- 
tion of  any  sums  of  money  (consistent  with  the  circum- 
stances of  the  colony)  which  it  should  judge  necessary 
for  carrying  such  scheme  into  execution  :  That  it  did 
not  appear  what  sums  of  money  had  been  already  ad- 
vanced by  the  governments  of  the  Massachusetts  Bay, 
and  Connecticut,  to  engage  the  Six  Nations  of  Indians 
in  their  zeal  foi^  continuing  their  incursions,  and  joining 
in  any  enterprise  against  the  enemy  ;  but  that  the 
house  were  fully  persuaded,  that  this  colony  had  alrea- 
dy contributed  much  larger  sums  of  money,  for  secur- 
ing those  nations  in  liis  majesty's  interest,  than  both  the 
provinces  of  Massachusetts  Bay  and  Connecticut  put 
together  ;  and  that  his  excellency  best  knew^  how  those 
sums  had  been  applied:  That  whatever  expense  the 
government  of  the  Massacljiisetls  Bay,  Connecticut  and 
New-York,  should  find  necessary  to  take  upon  them- 
selves, for  carrying  any  well  concerted  scheme  into  ex^ 
ecution,  for  annoying  the  common  enemy,  this  colony 
ought  not  to  pay  more  than  one  third  part  thereof ; 
which  it  w^ould  always  cheerfully  contribute  :  And  fur- 
ther, that  the  governments  to  the  westward,  ought  to 
bear  a  share  of  all  such  expense  ;  and  that  it  should  be 
then  a  lessening  of  tlie  contribution  of  tlie  colonies  of 


cm 


History  of  New-York. 


the  Massachusetts  Bay,  Connecticut,  and  New-York, 
according  to  the  aforesaid  proportion." 

J  X.  The  governour,  a  few  days  after,  sent  a  mes- 
sage to  the  assembly,  declaring  that  he  could  no  long- 
er continue  the  expense,  at  the  charge  of  the  crown,  for 
supplying  the  four  companies  of  fusileers,  at  Albany, 
and  the  levies  made  in  the  other  colonies,  for  the  inva- 
sion of  Canada,  nor  the  expense  of  preserving  the  friend- 
ship of  the  Indians,  and  sending  out  parties  of  that  peo- 
ple to  annoy  the  enemy,  and  to  gain  intelligence  of 
their  movements.  He  urged  the  house  to  make  provi- 
sion for  those  expenses,  and  for  relieving  the  garrisons 
at  Oswego  and  Saratoga.  He  informed  it  also  that  a 
considerable  body  of  the  French,  and  their  Indians, 
had  been  seen  between  Saratoga  and  Crownpoint,  and 
that  troops  had  been  despatched  in  pursuit  of  them. 
The  assembly  refused  to  furnish  provisions  for  the  four 
companies  at  Albany,  alledging  that  their  pay  was  suf- 
ficient for  the  purpose,  and  that  they  had  always  sub- 
sisted  thereon,  unless  when  placed  in  remote  garrisons* 
It  likewise  refused  to  furnish  the  troops  of  the  other 
colonies  with  provisions,  as  being  highly  unreasonable 
and  unjust :  That  the  crown  aught  to  be  at  the  ex- 
pense of  securing  the  friendship  of  the  Indians,  espe- 
cially at  this  juncture,  when  the  burdens  in^posed  on 
the  colony,  by  reason  of  the  war,  were  almost  intole- 
rable. It  voted  further,  that  as  the  crown  had  hitherto 
defrayed  the  expense  of  the  garrison  at  Saratoga,  it  saw 
no  reason  for  transferring  that  duty  to  the  colony  ;  and 
that  the  allowance  already  made  to  the  garrison  at  Os- 
wego was  sufficient.  It  resolved,  "  That  provision 
be  made  for  the  pay  and  subsistence  of  one  hun- 
dred and   fifty  effective  raen,  officers  includ<jd^  to 


History  oj  New^York.  SOa 


range  and  scour  the  woods,  in  the  county  of  Albany, 
for  the  space  of  fifty  days,  for  the  protection  of  the  in- 
habitants of  the  said  county,  against  the  skulking  parties 
of  the  enemy  ;  that  they  be  divided  into  three  compa- 
nies of  fifty  men  each,  viz.  for  the  city  of  Albany,  one 
company  ;  for  the  township  of  Schenectady,  one  com- 
pany  ;  and  for  the  township  of  Kinderhook,  one  connt- 
pany  ;  and  that  their  pay  be  at  the  following  rates,  viz. 
for  three  captains,  six  shillings  per  diem,  each  ;  for 
three  lieutenants,  four  shillings  per  diem,  each  ;  and 
for  one  hundred  and  forty-four  private  men,  two  ^hih 
lings  and  six  pence  per  diem,  each/' 


64 


506 


History  of  New-York. 


CONCLUSION. 


limits  of  this  volume  will  not  permit  a  continua- 
tion of  our  history  to  the  present  time,  upon  the  plan 
which  has  been  adopted.  At  some  future  day  the 
chafsm  will  be  supplied  in  a  manner  worthy  of  the  sub- 
ject. Upwards  of  one  hundred  pages  tiave  been  occu- 
pied in  giving  a  view  of  the  most  prominent  facts 
which  have  occurred  during  the  short  space  of  fifteen 
years,  (from  1732  to  1747.)  The  subsequent  period 
becomes  still  more  interesting,  the  history  of  which 
will  require  another  volume  to  complete.  To  do  jus- 
tice to  the  period  of  which  we  have  treated,  less  could 
hardly  have  been  said,  and  more,  perhaps,  may  have 
been  expected. 

The  following  presents  the  names  of  the  governours 
and  lieutenant  governours  of  the  colony  and  state  of 
New- York,  to  the  year  1814. 

Colonial  Governours  and  Lieutenant  Governours. 

George  Clinton,  governour,  October  10,  1753. 

Danvers  Osborn,  1753;  took  his  seat  at  the  council 
board,  October  10,  and  died  on  the  12th. 

James  De  Lancey,  lieutenant  governour,  1753, 

Sir  Charles  Hardy,  September  20,  1755. 

James  De  Lancey,  lieutenant  governour,  June  3d^ 
1757. 

Cadwallader  Colden,  president  of  the  council,  1760  ; 
appointed  lieutenant  governour,  August  19,  1761. 

Robert  Monckton,  governour,  June  25,  1762. 

Cadwallader  Colden^  lieutenant  governour,  Septem- 
ber 14,  1763.  ) 


History  of  New-York. 


507 


Henry  Moore,  governour,  November  29,  1765. 
Cadwallader  Golden,  lieutenant  governour,  Septem- 
ber 29,  1769. 

John  Earl  of  Dunmore,  governour,  October  31, 3770. 
William  Tryon,  governour,  August  7,  1771. 
Cadwallader  Golden,  lieutenant  governour,  (acted) 
April  16,  1774. 
William  Tryon,  governour,  June  28,  1775. 

Slate  Governours. 
George  Clinton,  1777,. 
John  .lay,  1795. 
George  Clinton,  1801. 
Morgan  Lewis,  1804. 
Daniel  D.  Tompkins,  1807- 
Ibid,  1814. 


In  the  following  table  the  first  column  of  figures 
represents  the  pages  of  the  quarto  edition  of  Smith's 
history,  referred  to  in  the  Revised  Laws  of  New- York, 
and  the  second  the  corresponding  pages  in  this  edition; 

Quarto  edit.  p.  22,  see  octavo  edtition  page  48. 


31  ....  60. 

31  .      in  notis,       .  61. 

34  ....  64. 

75  ...       .  127, 

76  .  in  notis,  127. 
98  ...       .  161. 

103  ...       .  169.. 

245  ...       ,  374, 

253  ....  385. 


NOTES. 


SUGAR  COLONIES.  The  act  broufi;ht  into  paiUament  relatiag 
to  the  su^av  colonies  proposed  restrlctioQS  upon  the  American  colonial 
trade,  and  encouragements  to  the  West  India  commerce.  We  intend- 
ed to  have  given  a  detail  of  its  particular  provisions,  but  more  impor- 
tant matter  being  crouded  upon  our  attention,  we  have  thought  proper 
to  omit  it. 


NOTE  A. 

This  complaint  of  the  Indians  charged  the  corporation  of  Albany 
^?ith  having  obtained  from  them  a  deed,  by  fraud,  of  certain  lands  at 
Fort  Hunter.  This  charge  appeared  to  be  ill  founded.  The  lands 
were  already  included  in  the  charter  of  Albany,  and  rendered  any 
further  conveyance  unnecessary. 


NOTE  B. 

The  following  particulars,  relative  to  ZJfenger,  iare  extracted  from 
Thomas'  History  of  Prlntii^g  : 

At  the  next  term  of  the  supreme  court,  the  grand  jury  found  the  pre- 
sentment against  Zenger  ignoramus.  The  attorney  general  was  then  di- 
rected to  file  an  Information  against  him  for  printing  the  said  libels,  and 
he  remained  in  prison  till  another  term.  His  counsel  offered  exceptions 
to  the  commissions  of  the  judges,  and  prayed  to  have  them  filed.  The 
judges  would  not  allow,  or  even  hear  the  exceptions,  and  they  excluded 
Zenger's  counsel,  Mr.  Alexander  and  Mr.  Smith,  from  the  bar.  Zeitger 
obtained  other  counsel,  viz.  John  Chambers,  of  New  York,  and  Andrew 
Hamilton  of  Philadelphia.  Mr.  Hamihon  made  the  journey  from  Phi- 
ladelphia  to  New  York  for  the  sole  purpose  of  defending  Zenger.  Zen- 
ger being  put  to  trial  pleaded  "  not  guilty."  The  printing  and  publish- 
ing the  papers  were  acknowledged  b>  Zenger's  counsel,  who  offered  to 
give  the  truth  in  evidence.  This  the  court  would  not  aclmit.  Mr.  Ham- 
ilton argued  the  cause  in  a  most  able  manner,  before  the  court  and  a 
numerous  and  respectable  assemblage  of  people.  The  judges  observed 
that  the  jury  might  find  that  Zenger  printed  and  published  the  papers  in 
question,  and  leave  it  to  the  court  to  determine  whether  they  were  libel- 
lous. Mr.  Hamilton  remarked,  that  they  might  do  so,  but  they  had  a 
right,  beyond  ail  dispute,  to  judge  of  the  law  as  well  as  the facl^  &c.  The 
jury  having  retired  a  short  time,  returned  with  a  verdict,  "  Not  Guilty,'' 
to  the  great  mortification  of  the  court,  and  of  all  Zenger's  prosecutors  ; 
but  which  was  received  by  the  audience  with  loud  bursts  of  applause, 
concluding  with  three  cheers.  The  next  day  Zenger  was  released  from 
prison,  after  having  been  confined  eight  months. 

Zenger  publislied  the  [IN  ew- York]  Journal  on  Mondays,  till  he  died, 
in  the  summer  of  1 746. 

It  was  continued  by  his  widow,  Catharine  Zenger,  till  December,  1 748, 
when  she  resigned  the  publication  to  her  son,  John  Zenger.  Her  im- 
print was— «  New- York  t  Printed  by  the  v/idow  Cathrine  Zenger,  at 


509 


the  printing  oilicc  in  StoDe-street.  Where  advertisements  are  taken  in^ 
aod  all  persons  may  be  supplied  with  this  paper." 

John  Zenger,  in  January,  1748-9,  new  modelled  the  title  of  the  Jour- 
nal, and  added  a  cut,  coarsely  executed,  of  a  section  of  the  royal  arms, 
containing  three  lions  gardaut,  encircled  with  the  usual  motto,  Horn 
soit  qve  mal  y  pense  surmounted  by  a  crown.  The  imprint — ^"  New- 
York  :  Printed  by  John  Zenger,  in  Stone-street,  near  Fort  George; 
Where  advertisements  are  taken  in  at  a  moderate  rate,"' 

John  Zenger  published  this  paper  until  about  1752,  wheo  it  was  dis- 
continued, but  in  1766,  the  title  was  revived  by  John  Holt. 

In  the  New- York  Journal,  of  February  25,  1751,  is  the  following  ad- 
vertisement. 

My  country  subscribers  are  earnestly  desired  to  pay  their  arrear- 
ages for  this  journal,  which  if  they  don't  speedily,  I  shall  leave  off  send- 
ing, and  seek  my  money  another  w  ay.  Some  of  these  kind  customers 
are  in  arrears  upwfirds  of  seven  years  !  Now  as  I  have  served  them  so 
long,  I  think  it  is  time,  ay,  high  time  too,  tliat  they  give  me  my  outset ; 
for  they  may  verily  believe  that  my  very  cloathes  are  almost  worn  out. 
N.  B.  Gentlmen,  If  you  have  not  ready  money  with  you,  still  think  of 
the  printer,  and  when  you  have  read  this  advertisement,  and  considered 
it,  you  cannot  but  say.  Come  Dame,  (especially  you  inquisitive  wedded 
men,  let  the  bachelors  take  it  to  themselves)  let  us  send  the  poor  printer 
a  few  gammons  or  some  meal,  some  butter,  cheese,  poultry,  &c.  In  the 
mean  time  I  am  yours,  &c.  J.  ZcngcrJ*^ 

New-York,  September  29,  1736. 
His  majesty's  council  of  the  province  of  New- York  being  duly 
summoned  to  attend  me  in  council,  as  commander  in  chief  of  the  pro- 
vince, and  James  Alexander  appearing,  and  the  rest  neglecting  to  ap- 
pear according  to  the  said  summons,  so  that  a  quorum  could  not  be 
made  to  give  me  their  advice  concerning  tlie  appointment  of  the  fol- 
lowing magistrates  of  this  city  ;  I  have,  in  their  default,  appointed  Cor- 
nelius Van  Ilorne,  mayor ;  William  Smith,  recorder ;  llicha^'d  Ash- . 
field,  sheriff;  and  Richard  Is'icolls,  coroner,  for  the  ensuin£^  vear. 

RIP  VAN  DAM. 


The  following  trial  is  given  for  the  amusement  of  the  reader.  It  is, 
perhaps,  not  generally  known  that  any  solemn  judicial  investigation  of 
a  charge  of  Witchcraft  ever  occurred  in  this  state  while  a  colony.  It 
is  pleasing  to  observe,  that  in  its  conclusion,  it  was  not  stained  with 
those  characters  of  blood,  which  disgrace  the  history  of  a  sister  state. 

At  the  court  of  assizes,  held  in  New-York>  the  2d  day  of  October, 
1665,  &c. 

The  tryall  of  Ralph  Hall,  and  Mary  his  wife,  upon  suspicion  of 
witchcraft. 

The  names  of  the  persons  who  served  on  the  grand  jury  : 
Thomas  Baker,  fforeman  of  the  jury,  of  Easthampton  5  capt.  Jjolm 


510 


NOTES. 


Symonds,  of  Hemp^^teed  ;  Mr.  Hallett,  of  Jamaica  ;  Anthony  Wa- 
ters, Thomas  M^andall,  ot*  Marshpathkill  ;  Mr.  Nicolls,  of  Stamford  ; 
Balthazer  De  Haart,  John  Garland,  Jacob  Leister,  Anthonio  De 
Mill,  Alexander  Munro,  Thomas  Searle,  of  New-York. 

The  prisoner  being  brought  to  the  barr  by  Allard  Anthony,  she- 
i^iff  of  New-York  :  This  following  indictment  was  read,  first  against 
Ralf>h  Hall,  and  then  against  Mary,  his  wife,  viz. 

The  constable  and  overseers  of  the  towne  of  Seatalcott,  in  the 
east  riding  of  Yorkshire,  upon  Long  Island,  do  present,  for  our  sove- 
raigne  lord  the  king,  that  Ralph  Hall,  of  Seatalcott  aforesaid,  upon 
the  25th  day  of  December,  being  Christmas  day  last  was  twelve 
months,  in  the  15th  year  of  the  raigne  of  our  soveraigne  lord  Charles 
the  second,  by  the  grace  of  God  king  of  England,  Scotland,  Ffrance 
and  Ireland,  defender  of  the  faith,  <fec.  and  severall  other  days  and 
times  since  that  day,  by  some  detestable  and  wicked  arts,  commonly 
called  witchcraft  and  sorcery,  did  (as  is  suspected)  maliciously  and 
feloniously  practise  and  exercise,  at  the  said  town  of  Seatalcott,  in 
the  east  riding  of  Yorkshire,  on  Long  Island  aforesaid,  on  the  per- 
son of  George  Wood,  late  of  the  same  place,  by  which  wicked  and 
detestable  arts,  the  said  George  Wood  (as  is  suspected)  most  danger- 
ously and  mortally  sickened  and  languished,  and  not  long  after,  by 
the  aforesaid  wicked  and  detestable  arts,  the  said  George  Wood  (as 
is  likewise  suspected)  died. 

Moreover  tiie  constable  and  overseers  of  the  said  towne  of  Seatal- 
cott, in  the  east  riding  of  Yorkshire,  upon  Long  Island  aforesaid,  do 
further  present,  for  our  soveraign  lord  the  king,  that  some  while  af- 
4er  the  death  of  the  aforesaid  George  Wood,  the  said  Ralph  Hall, 
did  (as  is  suspected)  divers  times,  by  the  like  wicked  and  detestable 
arts,  commonly  called  Witchcraft  and  Sorcery,  maliciously  and  felo- 
niously practise  and  exercise,  at  the  said  town  of  Seatalcott,  in  the 
east  riding  of  York&iiire,  u\)on  Long  Island  aforesaid,  on  the  person 
of  an  infant  child  of  Ann  Rogers,  widow  of  the  aforesaid  George 
Wood,  deceased,  by  which  wicked  and  detestable  arts,  the  said  infant 
child  (as  is  suspected)  most  dangerously  and  mortally  sickened  and 
languished,  and  not  long  after,  by  the  said  wicked  and  detestable 
arts  (as  is  likewise  suspected)  died  :  and  so  the  said  constable  and 
overseers  do  present,  that  the  said  George  Wood,  and  the  said  infant 
childe,  by  the  ways  and  means  aforesaid,  most  wickedly,  maliciously 
and  feloniously  were  (as  is  suspected)  murdered  by  the  said  Ralph 
Hall,  and  the  times  and  places  aforesaid,  against  the  peace  of  our 
soveraign  lord  the  king,  and  against  the  laws  of  this  government  in 
such  cases  provided.  The  like  indictment  was  read  against  Mary, 
the  wife  of  Ralph  Hall  :  Thereupon  several  depositions  accusing  the 
prisoners  of  the  fact  for  which  they  were  indicted,  were  read  ;  but  no 
witnesses  ap[)eared  to  give  testimony  in  court,  viva  voce^  then  the 
clerk  calling  upon  Ralph  Hall,  bade  him  hold  up  his  hand  and  read 
as  follows :  Ralph  Hall,  thou  standest  here  indicted  for  that  having 
not  the  fear  of  God  before  thine  eyes,  thou  didst,  upon  the  25th  day  of 
December,  being  Christmas  day  last  was  twelve  months,  and  at  se- 


NOTES. 


511 


vera!  other  times  since  (as  is  suspected)  Iciy  some  wicked  and  detest- 
able arts,  commouly  called  witchcraft  and  sorcery,  maliciously  and 
feloniously  practise  and  exercise  upon  the  bodies  of  George  Wood 
and  an  infant  child  of  Ann  Rogers  ;  by  which  said  arts  the  said 
George  Wood,  and  the  infant  child  (as  is  suspected)  most  danger- 
ously  and  mortally  fell  sick  and  languished  unto  death.  Ralph  Hall, 
w  hat  dost  thou  say  for  thyself— art  thou  guilty  or  not  guilty  ?  Mary, 
the  wife  of  Ralph  Hall,  was  called  upon  in  like  nianner.  They  both 
pleaded  not  guilty,  and  threw  themselves  to  be  tried  by  God  and  the 
country.  Whereupon  their  case  was  referred  to  the  jury,  who 
brought  into  the  court  this  following  verdict,  viz. 

We  having  severally  considered  the  case  committed  to  our  charge 
against  the  prisoners  at  the  bar,  and  having  well  weighed  the  evi- 
dence, we  find  that  there  are  some  suspicions  by  the  evidence  of 
w  hat  the  woman  is  charged  with,  but  nothing  considerable  of  value 
to  take  away  her  life  ;  but  in  reference  to  the  man  we  find  nothing 
considerable  to  charge  him  with. 

The  court,  thereupon,  gave  this  sentence  :  That  the  man  should 
be  bound,  body  and  goods,  for  his  wife's  appearance  at  the  next  ses- 
sions, and  so  on  from  sessions  to  sessions,  as  long  as  they  stay  within 
this  government.  In  the  mean  while  to  be  of  good  behaviour.  So 
they  were  returned  to  the  sheriff' s  custody  ;  and  upon  entering  into 
a  recognizance  according  to  the  sentence  of  the  court,  they  were  re- 
leased. 

Appeals,  actions,  presentments,  &c.  entered  for  hearing  and  tryall 
at  the  generall  court  of  assizes,  to  be  held  in  New-York,  beginning 
on  the  first  Wednesday  of  October,  1670  : 

In  the  case  of  Katharine  Harryson,  widow,  who  was  bound  to  the 
good  behaviour,  upon  complaint  of  some  of  the  inhabitants  of  West- 
chester, until  the  holding  of  this  court.  It  ordered,  that  in  regard 
there  is  nothing  appears  against  her  deserving  the  continuance  oi 
that  obligation,  she  is  to  be  released  from  it,  and  hath  liberty  to  re- 
main in  the  towne  of  Westchester,  where  she  now  resides,  or  any 
where  else  in  the  government,  during  her  pleasure. 

A  release  to  Ralph  Hall,  and  Mary,  his  wife,  from  the  recognizance 
they  entered  into  at  the  assizes  : 

These  are  to  certify  to  all  whom  it  may  concerne,  that  Ralph  Hall, 
and  Mary,  his  wife,  (at  present  living  upon  the  great  Minifords  isl- 
and) are  hereby  released  and  acquitted  from  any  and  all  recognizan- 
ces, bonds  of  appearance  or  other  obligations  entered  into  by  them  or 
either  of  them,  for  the  peace  or  good  behaviour,  upon  account  of  any 
accusation  or  indictment  upon  suspicion  of  witchcraft,  brought  into 
the  court  of  assizes  against  them,  in  the  year  1665  ;  there  having 
been  no  direct  proofs  nor  further  prosecution  of  them  since.  Given 
under  my  hand  at  Fort  Jame??,  in  New»York,  this  21st  day  of  Au- 
gust, 1668.  R,  NICOLLS. 


%  CONTENTS. 

FAGlg. 

PA  RT  I.  Prom  the  discovery  of  the  colony  to  the  surrender  id  1 664,  1 7 
FART  II.  From  the  surrender  in  1664,  to  the  settlement  at 

the  revolution,  51 
PART  III.  From  the  revolution  to  the  second  expedition 

against  Canada,  121 
PART  IV.  From  the  Canada  expedition,  m  1709,  to  the  ar- 
rival of  Go  vernour  Burnet,  193 
PART  V.  From  the  year  1 720,  to  the  commencement  of  the 

administration  of  colonel  Cosby,  239 
PART  VI.  Chap.  T.  A  geographical  description  of  the  country,  283 
CHAP.  II.  Of  the  inhabitants,  318 
CHAP.  III.  Of  our  trade,  326 
CHAP,  IV.  Of  our  religious  state,  334 
CHAP.  V.  The  political  state,  350 
CHAP.  VI.  Of  our  laws  and  courts,  371 
Of  the  justices  court,  373 
The  sessions  and  court  of  common  pleas,  374 
The  supreme  court,  ib» 
The  court  of  admiralty,  383 
The  prerogative  court,  ib. 
The  court  of  the  goveroour  and  council,  ib. 
The  court  of  chancery,  385 
PART  VII.  From  the  year  1732  to  the  year  1756,  including 

the  whole  period  of  governour  Cosby's  administration,         ,  393 
PART  VIII.  From  the  year  1736  to  the  year  1738,  inclusive 
...Including  part  of  lieutenant  governour  Clarke's  adminis- 
tration, 413 
PART  IX.  Including  from  the  year  1738  to  1741. ..Being  a 
continuation  of  the  government  under  lieutenant  governour 
Clarke,  429 
PART  X.  Including  from  the  year  1741  to  the  year  1743, 
when  governour  Clinton  arrived,  and  terminated  the  ad- 
ministration of  lieutenant  governour  Clarke,  443 
PART  XI.  Including  from  the  year  1743  to  the  year  1745, 

being  two  years  of  governour  Clinton's  administration,  457 
PART  XII.  Including  from  the  year  1745  to  the  year  1746,  473 
PART  XIII.  Including  the  remainder  of  the  year  1746,  and 

part  of  the  year  1747,  491 
Conclusion,  5Q6 


